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STATE v. SARGENT

CC C91-07-33376; CA A72824; SC S41128.

918 P.2d 819 (1996)

323 Or. 455

STATE of Oregon, Respondent on Review, v. Gary Lee SARGENT, Petitioner on Review.

Supreme Court of Oregon.

Decided June 27, 1996.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on petition was Sally L. Avera, Public Defender.

Janet A. Klapstein, Assistant Attorney General, Salem, argued the cause for respondent on review. With her on response was Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

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

FADELEY, Justice.

Police officers executed a warrant to search an apartment in Portland for evidence related to heroin trafficking. The warrant was based on observations that had been made earlier during the service of an arrest warrant at the same premises. The police officers obtained various items of evidence of heroin trafficking and use. Based on that evidence, defendant, his wife, and others were charged with possession, delivery, and conspiracy to deliver heroin...

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