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STATE v. INGRAM

88C-21014; CA A50427, 10-88-03617; CA A51174, 88P-3379; CA A61024.

802 P.2d 656 (1990)

104 Or.App. 389

STATE of Oregon, Respondent, v. Theodore J. INGRAM, Appellant. State of Oregon, Appellant, v. JAMES RICHARD DEVEREAUX, Jr., Respondent. State of Oregon, Respondent, v. LINDA MARIE GARDNER, Appellant.

Court of Appeals of Oregon, In Banc.

Argued and Submitted November 20, 1989.

Argued and Submitted February 14, 1990.

Resubmitted July 21, 1990.

Decided November 21, 1990.

Reconsideration Denied February 13, 1991.

Attorney(s) appearing for the Case

Dale L. Crandall, Salem, argued the cause and filed the brief, for appellant, Theodore J. Ingram.

Thomas H. Denney, 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, in CA A50427.

Janet Klapstein, Asst. Atty. Gen., Salem, argued the cause, for appellant. With her on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem, in CA A51174.

Kenneth Morrow, Eugene, argued the cause, for respondent, James Richard Devereaux, Jr. With him on the brief, was Morrow, Monks & Sharp, P.C., Eugene.

Joseph E. Penna, Monmouth, argued the cause and filed the brief, for appellant, Linda Marie Gardner.

Wendy J. Paris, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem, in CA A61024.

CA A50427: Argued and Submitted June 30, 1989.

CA A51174: Argued and Submitted November 20, 1989.

CA A61024: Argued and Submitted February 14, 1990.

Resubmitted In Banc July 21, 1990.

EDMONDS, Judge.

The common issue in each of these cases is whether the search warrant complies with ORS 133.565(2)(b) and Article I, section 9, of the Oregon Constitution, which require that a person to be searched be described with particularity. For...

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