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STATE v. STANLEY

C052691CR, A132361.

195 P.3d 454 (2008)

223 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Roger Edward STANLEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 15, 2008.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Senior Deputy Public Defender, argued the cause for appellant. With her on the briefs were Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Jamie K. Contreras, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and SCHUMAN, Judge, and RIGGS, Senior Judge.

BREWER, C.J.

Defendant appeals a judgment of conviction for possession of a controlled substance, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). He assigns as error the denial of his motion to suppress evidence of methamphetamine that was seized by the police from his person after he was stopped. The issue on appeal is whether the search of defendant's pocket, from which the controlled substance was seized, was permissible under Article...

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