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STATE v. WEAVER

C9103-31294; CA A71768.

854 P.2d 962 (1993)

121 Or. App. 362

STATE of Oregon, Appellant— Cross-Respondent, v. James R. WEAVER, Respondent— Cross-Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted April 8, 1993.

Decided June 23, 1993.

Attorney(s) appearing for the Case

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for appellant—cross-respondent. With her on the briefs were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Mary H. Williams, Asst. Atty. Gen., Salem.

John S. Ransom, Portland, argued the cause for respondent—cross-appellant. With him on the brief were James D. Lang and Ransom, Blackman & Weil, Portland.

Resubmitted in Banc April 8, 1993.

DE MUNIZ, Judge.

Defendant owns a secondhand store that sells guns. He was indicted on 52 counts of failing to register the transfer of handguns and on 249 counts of failing to register the transfer of used firearms. ORS 166.420; ORS 166.427. The state appeals an order granting defendant's motion to suppress evidence that was seized during a warrantless search of his store. ORS 138.060(3). We affirm.

We take the facts...

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