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STATE v. BOST

89-3565-C-3, 89-3564-C-3; CA A63879 (Control), A64175.

837 P.2d 536 (1992)

114 Or. App. 519

STATE of Oregon, Appellant, v. Dennis BOST, Respondent. STATE of Oregon, Appellant, v. Glen BOST, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted June 3, 1992.

Decided August 12, 1992.

Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for appellant in each case. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven Humber, Deputy Public Defender, Salem, argued the cause for respondent in each case. With him on the brief was Sally L. Avera, Public Defender, Salem.

Resubmitted In Banc June 3, 1992.

BUTTLER, Judge.

Defendants are brothers. Glen was indicted for manufacture of a controlled substance, and Dennis was charged with manufacture and possession of controlled substances. The cases were consolidated in the trial court and on appeal. The trial court granted both defendants' motions to suppress evidence seized pursuant to a search warrant on the ground that the executing officers violated ORS 133.575(2):

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