STATE v. O'DRISCOLL

Nos. 81-2928-C-3, 81-2913-C-1; CA A27926.

671 P.2d 752 (1983)

65 Or.App. 362

STATE of Oregon, Appellant, v. Patrick O'DRISCOLL and Marsha G. O'Driscoll, Respondents.

Court of Appeals of Oregon.

Decided November 9, 1983.

Reconsideration Denied December 16, 1983.


Attorney(s) appearing for the Case

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Carl Caplan, Medford, argued the cause and filed the brief for respondents.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

In these consolidated manufacture of controlled substances cases, the state appeals an order made prior to trial suppressing evidence seized pursuant to a warrant. We reverse.

The operative facts are simple. On August 18, 1981, Detective Kennedy of the Jackson County Sheriff's office executed a warrant for the search of defendants' premises. The warrant was not endorsed for nighttime service; it was executed at 6:45 a.m., 15 minutes...

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