STATE v. SAUNDERS

87-262; CA A49948.

799 P.2d 159 (1990)

103 Or.App. 488

STATE of Oregon, Appellant, v. James Douglas SAUNDERS, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted May 9, 1990.

Decided October 3, 1990.


Attorney(s) appearing for the Case

Janet A. 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.

Thomas C. Peachey, The Dalles, argued the cause for respondent. With him on the brief was Lewis, Foster & Peachey, The Dalles.


Resubmitted in banc May 9, 1990.

RICHARDSON, Judge.

The state appeals an order suppressing evidence discovered during a warrantless search of defendant's interstate shipment of a box of sturgeon eggs (roe). It argues that the search was either a statutorily authorized administrative search or it was lawful, because there were probable cause and exigent circumstances. We affirm.

The court made findings that neither party disputes, which we summarize...

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