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STATE v. ALLEN

061136733; A135078.

198 P.3d 466 (2008)

224 Or. App. 524

STATE of Oregon, Plaintiff-Respondent, v. Josephine ALLEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2008.

Attorney(s) appearing for the Case

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Karla H. Ferrall, 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 HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.

HASELTON, P.J.

Defendant appeals from a judgment of conviction for unlawful possession of cocaine, ORS 475.884, assigning error to the trial court's denial of her motion to suppress evidence. We agree with defendant that the evidence obtained was the product of exploitation of an unlawful seizure of defendant in violation of her rights under Article I, section 9, of the Oregon Constitution. Accordingly, we conclude that the trial court erred in denying the motion...

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