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STATE v. RINER

485 P.2d 1234 (1971)

STATE of Oregon, Respondent, v. Robert D. RINER, Appellant.

Court of Appeals of Oregon, Department 1.

Argued and Submitted May 17, 1971.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Michael Gillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

LANGTRY, Judge.

This is an appeal from a conviction for possession of narcotics. ORS 474.020. Defendant contends that evidence that he had narcotics in his possession should have been suppressed because (1) he was arrested on a pretext, and (2) he was not immediately taken before a magistrate pursuant to ORS 133.550.

Defendant, driving an automobile with a California license, stayed overnight at a Lebanon motel. The motel operator reported to the Lebanon police...

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