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STATE v. MARTIN

Nos. 10-93-07953A and 10-93-07953B; CA A83353.

897 P.2d 1187 (1995)

135 Or.App. 119

STATE of Oregon, Appellant, v. Donald Wayne MARTIN and Patricia Elaine Martin, Respondents.

Court of Appeals of Oregon.

Decided June 21, 1995.

Attorney(s) appearing for the Case

Ann Kelley, Asst. Atty. Gen., argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

John Halpern, Jr., Eugene, argued the cause and filed the brief for respondent Donald Wayne Martin.

Eric R. Johansen, Deputy Public Defender, argued the cause for respondent Patricia Elaine Martin. With him on the brief was Sally L. Avera, Public Defender.

Before RIGGS, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

The state appeals a pretrial order suppressing evidence seized from defendants' garage, residence and vehicles. We affirm.

A fire broke out in an unattached garage located 20 feet from defendants' residence. While the firefighters worked to put out the fire, police controlled traffic and onlookers. After about 10 minutes, the fire was "knocked down" and unable to spread. Captain Hoehn of the Cottage Grove Fire Department entered the garage...

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