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STATE v. CULLEY

02CR0252 and 02CR0317; A119007.

108 P.3d 1179 (2005)

198 Or. App. 366

STATE of Oregon, Appellant, v. Brenda Lea CULLEY, aka Brenda Lee Culley, Respondent. State of Oregon, Appellant, v. Robert Gordon Culley, Respondent.

Court of Appeals of Oregon.

Decided March 16, 2005.

Attorney(s) appearing for the Case

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

Anne Fujita Munsey, Deputy Public Defender, argued the cause for respondents. With her on the brief were Peter A. Ozanne, Executive Director and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and LINDER, Judge, and DEITS, Judge pro tempore.

LINDER, J.

In these consolidated criminal cases, defendants are charged with multiple offenses as a result of evidence obtained during a warranted search of their residence.1 The trial court granted defendants' pretrial motion to suppress, concluding that the warrant authorizing the search was not supported by probable cause. The state appeals, and we affirm.

The pertinent facts are those in the affidavit in support of the search...

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