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STATE v. RUIZ

0011-38666; A114493.

101 P.3d 824 (2004)

196 Or. App. 324

STATE of Oregon, Respondent, v. Everett Ershell RUIZ, aka Everett Ershelleldo, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted October 27, 2004.

Decided December 1, 2004.

Attorney(s) appearing for the Case

Meredith Allen, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender, Office of Public Defense Services.

Michael J. Slauson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, SCHUMAN and ORTEGA, Judges, and DEITS, Judge pro tempore.

Resubmitted En Banc October 27, 2004.

LANDAU, J.

Defendant appeals a conviction for possession of a controlled substance. ORS 475.992(1). He assigns error to the denial of a motion to suppress evidence that was seized from him during what he asserts to have been an unlawful stop. We affirm.

The relevant facts are not in dispute. Portland Police Officer Elaias was on patrol near the bathrooms at Waterfront Park in Portland late in the afternoon in November...

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