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D.A. Required to Discovery and Disclose Evidence in Police Possession

Possession of evidence by the police is possession of evidence by the prosecutor.  State v. Johnson, 26 Or App 651 (1976), Kyles v. Whitley, 514 US 419, 437 (1995)

Statements and witnesses’ memoranda in possession of the police are subject to discovery under the statute even when not given to the prosecutor.  State v. Warren, 304 Or 428, 433 (1987).

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