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105 Or. App. 398

State v. Hancke

Court of Appeals of Oregon

Decided January 23, 1991

Court of Appeals of Oregon · decided 1991-01-23

Decided 1991-01-23

PER CURIAM

¶1The trial court imposed a condition of probation that defendant submit his “person, residence, vehicle or property to a search by a Probation officer.” The condition was not limited to searches based on “reasonable grounds to believe such search will disclose evidence of a probation violation,” as required by ORS 137.540. The state concedes that the condition is invalid, and we agree.

¶2Conviction affirmed; probation condition 2 vacated; remanded for resentencing.

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