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STATE v. BOST

CC 89-3565-C-3, 89-3564-C-3; CA A63879 (Control), A64175; SC S39881.

857 P.2d 132 (1993)

317 Or. 538

STATE of Oregon, Petitioner on Review, v. Dennis BOST, Respondent on Review. STATE of Oregon, Petitioner on Review, v. Glen BOST, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided September 2, 1993.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. On the petition were Michael C. Livingston, Asst. Atty. Gen., Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Steven Humber, Salem, argued the cause for respondents on review.

FADELEY, Justice.

Defendants in these consolidated cases contend that the police1 failed to comply with the requirements of Oregon's "knock-and-announce" statute, ORS 133.575(2),2 when entering premises to execute a search warrant. For that reason, defendants demand suppression of the evidence seized during the ensuing searches. The trial court and a divided Court of Appeals agreed with defendants. We conclude...

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