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STATE OF OREGON, Appellant, v. DAVID LEE THOMAS et al, Respondents.

Affirmed.

JOSEPH, J.

JOSEPH, J.

The state appeals an order suppressing the fruits of a warrantless search. The authority for the search is claimed to be that defendant was required as a condition of probation to submit to such searches by police officers. The condition was invalid. State v. Fisher, 32 Or. App. 465, 574 P.2d 354 (1978).

No issue is raised whether defendant, having accepted the challenged condition, can collaterally attack it in this proceeding, and we express no opinion on that question.

Affirmed.

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STATE v. THOMAS
(Aug 1, 1978)