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STATE v. PAULSON

88-3113A-C-3, 88-3113B-C-3; CA A61225 (Control), A61226.

795 P.2d 611 (1990)

102 Or.App. 23

STATE of Oregon, Appellant, v. Kelli Laree PAULSON, Respondent. State of Oregon, Appellant, v. Scott Ray Paulson, Respondent.

Court of Appeals of Oregon, In Banc.

Decided August 8, 1990.

Resubmitted July 12, 1990.

Attorney(s) appearing for the Case

Jonathan H. Fussner, 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.

Peter Gartlan, Deputy Public Defender, Salem, argued the cause for respondents. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

Resubmitted in Banc July 12, 1990.

RICHARDSON, Judge.

In these consolidated cases, the state appeals orders granting defendants' motions to suppress evidence seized pursuant to a search warrant. It contends that the evidence is admissible, because the information in the affidavit supporting the warrant was obtained while police were lawfully in defendants' apartment. We affirm.

Defendants are husband and wife. Wife called the 911 emergency number and...

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