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STATE v. JOHNSON

CC 98C46239, SC S49843

73 P.3d 282 (2003)

335 Or. 511

STATE of Oregon, Appellant, v. Jesse L. JOHNSON, Respondent.

Supreme Court of Oregon.

Decided July 24, 2003.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause and filed the briefs for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jesse Wm. Barton, Salem, argued the cause and filed the brief for respondent.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

GILLETTE, J.

In this aggravated murder case, the state appeals from a pretrial ruling that suppressed certain evidence.1 The police seized the evidence in question pursuant to a warrant. The issue before us is whether the trial court erred in suppressing that evidence on the ground that the seizure was tainted by an earlier, unlawful seizure of the same evidence. For the reasons that follow, we conclude that, on the record before us, the...

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