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STATE v. MORRIS

No. C 79-02-30615; CA A20650.

641 P.2d 77 (1982)

56 Or.App. 97

STATE of Oregon, Appellant, v. Michael Dean MORRIS, Respondent.

Court of Appeals of Oregon.

Decided February 22, 1982.

Reconsideration Denied April 1, 1982.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before JOSEPH, C.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

The state appeals the trial court's pretrial order suppressing evidence obtained during a warrantless search of defendant's person. The state contends that the search was performed incident to arrest after a lawful stop of defendant and two companions.

The facts are undisputed. On February 24, 1979, police officer Duley was on patrol with his partner, Officer Lerwick, in a marked police car. At about 3:05 a.m., the officers were on East Powell...

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