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STATE v. FOLAND

051226; A131597.

199 P.3d 362 (2008)

224 Or. App. 649

STATE of Oregon, Plaintiff-Respondent, v. Kenneth Wayne FOLAND, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2008.

Attorney(s) appearing for the Case

Stephanie J. Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Sally L. Avera, Senior 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 SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

SERCOMBE, P.J.

Defendant appeals a judgment of conviction for possession of methamphetamine. ORS 475.894. He assigns error to two trial court rulings—the denial of his motion to suppress evidence and the imposition of a special condition of probation. For the reasons stated below, we conclude that the court erred in failing to suppress evidence obtained after an unlawful extension of a traffic stop of defendant and, therefore, reverse the conviction and remand...

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