STATE v. CARTER

020195CR; A122768.

113 P.3d 969 (2005)

200 Or. App. 262

STATE of Oregon, Appellant, v. Daniel Edward CARTER, Respondent.

Court of Appeals of Oregon.

Decided June 15, 2005.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

David T. McDonald, Portland, argued the cause for respondent. With him on the brief was David T. McDonald, P.C.

Before LINDER, Presiding Judge, and HASELTON and ORTEGA, Judges.


ORTEGA, J.

In this criminal proceeding, the state appeals from the trial court's order granting defendant's motion to suppress evidence. We are called on to address whether a search warrant that authorizes a search, but fails to authorize a seizure, provides police with legal authority to execute the search described in the warrant, so that items encountered during the search and immediately recognized as contraband or evidence of a crime may lawfully be seized under...

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