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STATE v. BEA

CC C88-07-35096; CA A61547; SC S39611.

864 P.2d 854 (1993)

318 Or. 220

STATE of Oregon, Petitioner on Review, v. Randall BEA, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided December 30, 1993.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Salem, and with him on the reply brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the response was Sally L. Avera, Public Defender, Salem.

GRABER, Justice.

Defendant was charged with failure to carry or present a driver's license, ORS 807.570, and unlawful possession of a controlled substance, ORS 475.992. Before trial, he moved to suppress "any and all evidence resulting from the stop and search of defendant," on the ground that he was unlawfully stopped and searched, in violation of applicable statutes and the Constitutions of Oregon and the United States. The trial court denied defendant's motion...

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