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STATE v. FAULKNER

88-2693-C-3; CA A51288.

794 P.2d 821 (1990)

102 Or.App. 417

STATE of Oregon, Appellant, v. Kendall Ira FAULKNER, Respondent.

Court of Appeals of Oregon.

Reconsideration Denied September 5, 1990.

Decided July 18, 1990.

Attorney(s) appearing for the Case

Diane S. Lefkow, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David E. Groom, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

The state appeals an order granting defendant's motion to suppress evidence discovered when an officer looked in the cab of defendant's pickup with a flashlight. We reverse and remand.

The facts relevant to the motion to suppress are not disputed, and we will summarize the court's findings. Officer Churma arrived at defendant's house at 2:47 a.m.,1 in response to a report of a domestic disturbance....

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