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STATE v. PAULSON

CC 88-3113A-C-3, 88-3113B-C-3; CA A61225 (Control) CA A61226; SC S37568.

833 P.2d 1278 (1992)

313 Or. 346

STATE of Oregon, Petitioner on Review, v. Kelli Laree PAULSON, Respondent on Review. STATE of Oregon, Petitioner on Review, v. Scott Ray PAULSON, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided July 2, 1992.

Reconsideration Denied September 29, 1992.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

GILLETTE, Justice.

In this criminal case, one of the defendants called 9-1-1 for emergency assistance at the defendants' apartment. Police officers arrived with other emergency personnel in response to the call. A police officer entered with the emergency personnel, saw evidence of a crime in plain view, and obtained a search warrant based on his observations and on statements made by defendants in their apartment. A trial court suppressed all evidence obtained pursuant...

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