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STATE v. MUNRO

CC 02-0243; CA A120381; SC S51937.

124 P.3d 1221 (2005)

339 Or. 545

STATE of Oregon, Petitioner on Review, v. Conrad Briscoe MUNRO, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 15, 2005.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Andy Simrin, Salem, argued the cause and filed the briefs for respondent.

De MUNIZ, J.

In accordance with a lawful warrant authorizing the search for and seizure of drug-related evidence, the police seized a Beta videotape from defendant's apartment. When the police initially played the videotape, it appeared to be blank. A year later, the police received information that the videotape contained evidence of child pornography. The police examined the tape again, this time looking for images of children engaged

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