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STATE v. BROTHERTON

No. 91C-20429; CA A71677.

859 P.2d 565 (1993)

123 Or. App. 243

STATE of Oregon, Appellant, v. Richard D. BROTHERTON, Respondent.

Court of Appeals of Oregon.

Decided September 22, 1993.

Attorney(s) appearing for the Case

Harrison Latto, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Arnold W. Poole, Salem, argued the cause and filed the brief for respondent.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

Defendant was charged with manufacture of a schedule I controlled substance (marijuana), ORS 475.992(1), and unlawful possession of a schedule II controlled substance (cocaine). ORS 475.992(4). He moved to suppress evidence seized during a search conducted pursuant to a search warrant, on the ground that the affidavit supporting the search warrant did not establish probable cause. The trial court granted defendant...

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