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STATE v. CASTILLEJA

CR030092, CR030093; A127255 (Control), A127256.

168 P.3d 1177 (2007)

215 Or. App. 235

STATE of Oregon, Plaintiff-Appellant, v. Amber Serenity CASTILLEJA, Defendant-Respondent. State of Oregon, Plaintiff-Appellant, v. Michael Santos Castilleja, Defendant-Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted June 7, 2007.

Decided September 26, 2007.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Peter Gartlan, Chief Defender, Legal Services Division, argued the cause for respondent Amber Serenity Castilleja. With him on the brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Leland R. Berger, Portland, argued the cause and filed the brief for respondent Michael Santos Castilleja.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

Resubmitted En Banc June 7, 2007.

ROSENBLUM, J.

In these consolidated actions, the state appeals from a pretrial order granting defendants' motion to suppress evidence of marijuana discovered in their home when the police executed a search warrant there. Defendants moved to suppress the evidence, claiming that some of the information in the police affidavit in support of the warrant application had been obtained...

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