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STATE v. SURFACE

CR9900534, CR9900535; A108152.

51 P.3d 713 (2002)

183 Or.App. 368

STATE of Oregon, Appellant, v. Sandra Dee SURFACE, Respondent. State of Oregon, Appellant, v. Kenneth Allen Hurley, Respondent.

Court of Appeals of Oregon.

Decided August 14, 2002.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Beth A. Corbo, Deputy Public Defender, argued the cause for respondents. With her on the brief was David E. Groom, Public Defender.

Before LANDAU, Presiding Judge, and BREWER, Judge, and COLLINS, Judge pro tempore.

COLLINS, J. pro tempore.

The state appeals the trial court's pretrial order to suppress evidence of a methamphetamine lab found in a room that defendants had left locked when they turned their house over to house sitters. The evidence was seized pursuant to two search warrants. The affidavit for the first search warrant contained observations made by a deputy sheriff after one of the house sitters allowed her to enter the house. The trial court found that the document...

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