STATE v. WACKER

CC C8904498CR; CA A62171; SC S39421.

856 P.2d 1029 (1993)

317 Or. 419

STATE of Oregon, Petitioner on Review, v. Bart Dale WACKER, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided August 19, 1993.


Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Peter Gartlan, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the response was Sally L. Avera, Public Defender, Salem.

Thomas J. Crabtree, of Crabtree & Rahmsdorff, Defense Services, Inc., Bend, filed a brief for amicus curiae Oregon Crim. Defense Lawyers Ass'n.


VAN HOOMISSEN, Justice.

Defendant was charged with unlawful possession of a controlled substance (cocaine). ORS 475.992. Before trial, he moved to suppress the state's evidence, arguing that the seizure of the evidence was "tainted" by an unlawful search. The trial court ordered the evidence suppressed. The Court of Appeals affirmed. State v. Wacker, 111 Or.App. 483, 826 P.2d 1019 (1992...

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