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STATE v. SARGENT

C91-07-33376; CA A72824.

860 P.2d 836 (1993)

123 Or. App. 481

STATE of Oregon, Appellant, v. Gary Lee SARGENT, Respondent.

Court of Appeals of Oregon.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the briefs were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

This appeal involves the legality of the police practice of "securing the premises" pending issuance of a search warrant. The trial court held that the officers lawfully entered defendant's apartment and that they permissibly observed evidence of drug activity while on the premises, but that their actions in "securing the premises" while a warrant was being obtained constituted an impermissible ...

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