STATE v. MARTOFEL

C 95-10-38021; CA A93675.

948 P.2d 1253 (1997)

151 Or. App. 249

STATE of Oregon, Appellant, v. Albert William MARTOFEL, Jr., Respondent.

Court of Appeals of Oregon.

Decided November 19, 1997.


Attorney(s) appearing for the Case

Ann Kelley, Assistant Attorney General, argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Sally L. Avera, Public Defender, argued the cause for respondent. With her on the brief was James N. Varner, Deputy Public Defender.

Before De MUNIZ, P.J., and HASELTON, J., and RICHARDSON, S.J.


De MUNIZ, Presiding Judge.

Defendant was indicted for possession and manufacture of marijuana, a controlled substance. The state appeals a pretrial order suppressing evidence. We reverse.

The facts are not in dispute. At least eight patrol cars responded to a dispatcher's report that a 911 phone call had been received about a "man with a gun" in a residential neighborhood in southeast Portland. The police established a perimeter around the area and went to...

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