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STATE v. DEVINE

TC 10-86-05350; CA A44327; SC S35354.

768 P.2d 913 (1989)

307 Or. 341

STATE of Oregon, Respondent On Review, v. Kevin Michael DEVINE, Petitioner On Review.

Supreme Court of Oregon.

Decided February 14, 1989.

Attorney(s) appearing for the Case

Shaun S. McCrea, Eugene, filed the petition and argued the cause on behalf of the Petitioner on Review.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause on behalf of the Respondent on Review.

Before PETERSON, C.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.

GILLETTE, Justice.

The issue in this case is whether a search warrant authorizing police officers to search a house also authorizes them to search an apartment located in a separate building on the same lot as the described house. The trial court held that the search of such an apartment was proper, and denied a motion to suppress evidence found in the search. The Court of Appeals affirmed. State v. Devine, 91 Or.App. 408

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