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STATE v. McKEE

85-0351, 85-0352, 85-0353, 85-0354, 85-0355; CA A39005.

747 P.2d 395 (1987)

89 Or.App. 94

STATE of Oregon, Appellant, v. Rufus Sam McKee, Constance Joy McKee, and James Gilbert Taylor, Respondents.

Court of Appeals of Oregon.

Decided December 30, 1987.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Timothy P. Alexander, Beaverton, argued the cause and filed the brief for respondent James Gilbert Taylor.

Timothy M. Bowman, Hillsboro, filed the brief for respondent Constance Joy McKee.

No appearance by respondent Rufus Sam McKee.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Defendants were charged with promoting gambling in the first degree, ORS 167.127, and the McKees were also charged with possession of a controlled substance. ORS 475.992. The state appeals from an order suppressing evidence obtained as a result of a search conducted pursuant to several warrants. We affirm the suppression of evidence obtained as a result of the search of defendants' bank accounts but reverse the suppression of evidence obtained...

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