STATE v. FORD

10-87-01668; CA A45907.

780 P.2d 1192 (1989)

STATE of Oregon, Respondent, v. Charles Timothy FORD, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted July 12, 1989.

Decided October 18, 1989.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Peter Gartlan, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Rives Kistler, Asst. Atty. Gen., Salem, filed the brief for respondent.


Resubmitted In Banc July 12, 1989.

BUTTLER, Judge.

Defendant appeals his conviction for unlawful possession of a controlled substance, ORS 475.992, assigning error to the trial court's failure to suppress evidence obtained in the course of a search allegedly conducted in violation of the "knock and announce" rule, ORS 133.235, and the Fourth Amendment. We agree that the search constituted a statutory violation that requires suppression and reverse.

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