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STATE v. CASTER

060254CR; A137030.

234 P.3d 1087 (2010)

236 Or. App. 214

STATE of Oregon, Plaintiff-Respondent, v. Richard Irving CASTER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 7, 2010.

Attorney(s) appearing for the Case

Bronson James argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, and Rebecca A. Duncan, Assistant Chief Defender, Appellate Division, Office of Public Defense Services.

Matthew J. Lysne, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Police arrived at defendant's home to investigate a report that defendant, a felon, was in possession of a firearm. They sought defendant's consent to search his home, but he refused. The officers then arrested defendant on an outstanding warrant. Once defendant had been escorted from his home and placed in a patrol car, the officers sought and obtained consent from the co-occupant of the home to enter and seize firearms. The question in this case is...

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