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STATE v. FORKER

C032607CR; A125112.

168 P.3d 279 (2007)

214 Or. App. 622

STATE of Oregon, Plaintiff-Appellant, v. Michael Henry FORKER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 5, 2007.

Attorney(s) appearing for the Case

Paul L. Smith, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Rolf C. Moan, Assistant Attorney General.

David O. Ferry, Deputy Public Defender, argued the cause for respondent. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

In this prosecution for encouraging child sexual abuse in the second degree, the state appeals from a pretrial order suppressing evidence that police seized from defendant's residence during the execution of a search warrant. ORS 138.060(1)(c). The trial court found that probable cause did not exist to believe, based on the information contained in the affidavit for the search warrant, that evidence of encouraging child sexual abuse would be found at...

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