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STATE v. AINSWORTH

85-3451-C-2; 85-3452-C-2; CA A41480 (Control); CA A41596.

770 P.2d 58 (1989)

95 Or.App. 240

STATE of Oregon, Respondent, v. Cheryl Lynne AINSWORTH, Appellant. State of Oregon, Respondent, v. John Ainsworth, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted October 5, 1988.

Decided February 22, 1989.

Reconsideration Denied May 12, 1989.

Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause for appellants. With him on the brief was McCrea, P.C., Eugene.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc October 5, 1988.

BUTTLER, Judge.

In these consolidated cases, defendants, husband and wife, appeal their convictions for manufacture and possession of a controlled substance. ORS 475.992. They contend that the trial court erred in denying their motion to suppress evidence seized from their property pursuant to a search warrant based on information obtained without a warrant by police officers who were riding in a helicopter looking for...

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