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STATE v. REID

CC 10-91-00359B; CA A71887; SC S40902.

872 P.2d 416 (1994)

319 Or. 65

STATE of Oregon, Petitioner on Review, v. Larry Gene REID, Respondent on Review.

Supreme Court of Oregon.

Decided May 12, 1994.

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 Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Sol. Gen., Salem.

Eric Johansen, Deputy Public Defender, Salem, argued the cause for respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS, and GRABER, JJ.

GRABER, Justice.

The issue in this criminal case is whether a warrant authorizing police officers to search "persons present" at a Springfield address met the requirements relating to search warrants established in ORS 133.565(2)(b).1 We hold that it did not.

In November 1990, police officers obtained a warrant authorizing the search of the Springfield residence of David and Rita Vale. After describing the house itself in some...

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