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STATE v. HECKATHORNE

(CC 050014CR; CA A128670 (Control); CC 050015CR; CA A128671; SC S056073).

223 P.3d 1034 (2009)

347 Or. 474

STATE of Oregon, Petitioner on Review, v. George Allen HECKATHORNE, Respondent on Review. State of Oregon, Petitioner on Review, v. Cyrus Dale Heckathorne, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 31, 2009.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Erin K. Galli, Chilton, Ebbett & Galli, LLC, Portland, argued the cause and filed the brief for respondents on review.

Mary Reese, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for amicus curiae Oregon Public Defense Services in support of respondents on review. With her on the brief was Peter Gartlan, Chief Defender.

DE MUNIZ, C.J.

The state seeks review of a Court of Appeals decision that reversed a trial court order denying defendants' motion to suppress evidence. As in State v. Luman, 347 Or. 487, 223 P.3d 1041 (decided this date), the issue in this case involves the intersection between the warrant requirement in Article I, section 9, of the Oregon Constitution, set out post, 347 Or. at 492,

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