Opinion
No. 81-28 and 81-29, CA A21890
Argued and submitted January 15, 1982.
Reversed and remanded for trial February 8, 1982.
Appeal from District Court, Columbia County.
Berkeley A. Smith, Judge.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Attorney General, and William F. Gary, Solicitor General, Salem.
Gregory J. Leineweber, St. Helens, waived appearance for respondent.
Before Gillette, Presiding Judge, and Roberts and Young, Judges.
PER CURIAM.
Reversed and remanded for trial.
The trial court's determination that there were no exigent circumstances justifying the warrantless search in this case was erroneous. Reversed and remanded for trial.