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STATE v. ASHBAUGH

(CC C052367CR; CA A131117; SC S057189 (Control), S057188).

244 P.3d 360 (2010)

349 Or. 297

STATE of Oregon, Petitioner on Review/Cross-Respondent on Review, v. Charity Ann ASHBAUGH, Respondent on Review/Cross-Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 9, 2010.

Attorney(s) appearing for the Case

Paul L. Smith, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review/cross-respondent on review. With him on the brief was John R. Kroger, Attorney General.

Joshua B. Crowther, Senior Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review/cross-petitioner on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Julia E. Markley and Lynne M. Paretchan, Perkins Coie LLP, Portland, and Chin See Ming, Legal Director, ACLU Foundation of Oregon, Inc., Portland, filed the brief for amicus curiae ACLU Foundation of Oregon, Inc.

GILLETTE, J.

This case concerns a criminal defendant's motion to suppress evidence obtained in a consent search of her purse. Defendant argued to the trial court that suppression was required because her consent to the search was a product of prior conduct on the part of the police that violated her rights under Article I, section 9, of the Oregon Constitution—specifically, an unreasonable and, therefore, unlawful, seizure of her person. The trial court rejected...

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