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STATE v. MAKUCH

(CR98-1962, CR98-1961; A110292 (Control), A110839; SC S50435, S50478).

136 P.3d 35 (2006)

340 Or. 658

STATE of Oregon, Respondent on Review, v. Paul Arthur MAKUCH, Petitioner on Review. State of Oregon, Respondent on Review, v. Leigh Ann Riesterer, aka Leigh Ann Makuch, Petitioner on Review.

Supreme Court of Oregon.

Decided June 2, 2006.

Attorney(s) appearing for the Case

Robin A. Jones, Senior Deputy Public Defender, argued the cause and filed the briefs for petitioner on review Makuch. With her on the briefs were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Harrison Latto, Portland, argued the cause and filed the briefs for petitioner on review Riesterer.

Daniel J. Casey, Assistant Attorney General, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

RIGGS, J.

In these two criminal cases, we decide whether the police unlawfully obtained evidence of defendants' marijuana growing operation such that the evidence should be suppressed. The trial court suppressed that evidence under an Oregon statute, because the police had searched a lawyer's personal organizer for defendants' last names and addresses. The Court of Appeals reversed that part of the trial court's orders, concluding that the protections of the Oregon...

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