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STATE v. HANCKE

88 CR 0548; CA A63015.

803 P.2d 784 (1991)

105 Or. App. 398

STATE of Oregon, Respondent, v. Conrad HANCKE, Appellant.

Court of Appeals of Oregon.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Janet A. Klapstein, 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.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

The trial court imposed a condition of probation that defendant submit his "person, residence, vehicle or property to a search by a Probation officer." The condition was not limited to searches based on "reasonable grounds to believe such search will disclose evidence of a probation violation," as required by ORS 137.540. The state concedes that the condition is invalid, and we agree.

Conviction affirmed; probation condition 2 vacated; remanded...

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