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STATE v. BROWN

2003-01946A, 2003-01946B; A122610.

125 P.3d 1279 (2006)

203 Or. App. 616

STATE of Oregon, Appellant-Cross-Respondent, v. Louis Edward BROWN, Jr., and Teresa Loraine Wallace, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided January 4, 2006.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, argued the cause for appellant-cross-respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

David A. Hill, Eugene, argued the cause and filed the brief for respondent-cross-appellant Louis Edward Brown, Jr.

Tammy W. Sun, Deputy Public Defender, argued the cause for respondent-cross-appellant Teresa Loraine Wallace. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before SCHUMAN, Presiding Judge, and LANDAU, and ORTEGA, Judges.

PER CURIAM.

Police officers searched defendants' home pursuant to a warrant authorizing a search but not a seizure of evidence. The trial court concluded that, under State v. Miller, 188 Or.App. 514, 72 P.3d 643, rev. den., 336 Or. 146, 82 P.3d 162 (2003), such a warrant was invalid on its face and thus granted defendants' motion to suppress. The state appeals.

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