STATE v. LOWRY

No. 79-1588-C; CA A22852.

650 P.2d 1062 (1982)

59 Or.App. 338

STATE of Oregon, Respondent, v. Michael Craig LOWRY, Appellant.

Court of Appeals of Oregon.

Decided September 15, 1982.

Reconsideration Denied October 27, 1982.


Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause for appellant. With him on the brief was Morrow, McCrea & Divita, P.C., Eugene.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen. and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. He assigns as error the denial of his motion to suppress evidence.

Defendant was stopped for driving under the influence of intoxicants. At the scene of the arrest, the arresting officer conducted field sobriety tests. After defendant's poor performance on these tests, he was arrested and handcuffed. A search of defendant's person revealed a small amber bottle...

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