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STATE v. ASHBAUGH

C052367CR; A131117.

200 P.3d 149 (2008)

225 Or. App. 16

STATE of Oregon, Plaintiff-Respondent, v. Charity Ann ASHBAUGH, Defendant-Appellant.

Court of Appeals of Oregon, En Banc.

December 31, 2008.

Attorney(s) appearing for the Case

Joshua B. Crowther, Deputy Public Defender, argued the cause for appellant. With him on the brief were Ingrid Swenson, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Stacie F. Beckerman, 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 EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.

SCHUMAN, J.

Defendant was convicted of unlawful possession of a controlled substance. On appeal, she assigns error to the trial court's denial of her motion to suppress evidence obtained after she consented to a search of her purse. She argues that her consent, and therefore the discovery of the evidence, derived from a violation of her right under Article I, section 9, of the Oregon Constitution1 to be free from unreasonable searches...

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