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STATE v. EDMISTON

05FE0501ST; A133360.

211 P.3d 340 (2009)

229 Or. App. 411

STATE of Oregon, Plaintiff-Respondent, v. Brian Donald EDMISTON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Rebecca A. Duncan, Chief 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.

Greg Rios, 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 EDMONDS, Presiding Judge, and SERCOMBE, Judge, and CARSON, Senior Judge.

SERCOMBE, J.

The issue in this case is whether the detection of a small plastic baggie of unknown contents in defendant's possession was sufficient to furnish probable cause to arrest defendant for possession of a controlled substance, as proscribed by former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). Defendant was convicted of that crime and assigns error to the trial court's denial of his motion to suppress evidence obtained as a result...

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