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STATE v. THOMAS

Oregon Court of Appeals.
Aug 1, 1978
Judgment
Subsequent
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Case Information
CITATION CODES
citation codes
DOCKET NO.

No. 9760, CA 8443

Attorney(S)

John W. Burgess, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were James A. Redden, Attorney General, and Al J. Laue, Solicitor General, Salem. David Groom, Certified Law Student, Salem, argued the cause for respondents. With him on the brief were Gary D. Babcock, Public Defender, and Thomas J. Crabtree, Deputy Public Defender, Salem.

ACTS

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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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