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STATE v. KAPSALIS/SCROGGINS

10-91-03853A, 10-91-03853B; CA A72494 (Control), CA A72495.

859 P.2d 1157 (1993)

123 Or. App. 138

STATE of Oregon, Appellant, v. Charles Nicholas KAPSALIS, Respondent. STATE of Oregon, Appellant, v. Bonita Sue SCROGGINS, Respondent.

Court of Appeals of Oregon.

Decided September 15, 1993.

Reconsideration Denied December 29, 1993.

Attorney(s) appearing for the Case

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Wayne E. Allen, Eugene, argued the cause and filed the brief for respondent Charles Nicholas Kapsalis.

David E. Groom, Deputy Public Defender, Salem, argued the cause for respondent Bonita Sue Scroggins. With him on the brief was Sally L. Avera, Public Defender.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

Defendants were charged with unlawful delivery and unlawful possession and delivery of a controlled substance and endangering the welfare of a minor. ORS 475.992; ORS 163.575. The state appeals from the trial court's order granting defendants' motion to suppress evidence seized during a search conducted pursuant to a warrant. We reverse and remand.

Officer Swanson applied for a warrant to search defendants' home at 3920 Marshall Avenue in Eugene...

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