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STATE v. ANDERSON

87-5302, 87-5303, 87-5304, 87-5305, 87-5306; CA A48911.

792 P.2d 451 (1990)

101 Or.App. 594

STATE of Oregon, Appellant, v. Leslie M. ANDERSON, Respondent.

Court of Appeals of Oregon.

Decided May 23, 1990.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Henry M. Silberblatt, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Defendant was charged with five counts of unlawful sale of fireworks. ORS 480.156; OAR 837-12-127.1 The trial court granted defendant's motion to suppress sales records seized by a deputy state fire marshal from a fireworks stand managed by defendant. The state appeals the suppression order, arguing that the fire marshal had authority to conduct a search and seize the records and that even if a warrant was required to seize...

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