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STATE v. TAYLOR

CFH090187; A144468.

279 P.3d 254 (2012)

250 Or. App. 90

STATE of Oregon, Plaintiff-Respondent, v. David Brian TAYLOR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 16, 2012.

Attorney(s) appearing for the Case

Eric Johansen , Senior Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Justice J. Rillera , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and EDMONDS, Senior Judge.

SERCOMBE, J.

Defendant was convicted of possession of methamphetamine, ORS 475.894. He appeals, assigning error to the trial court's denial of his motion to suppress evidence found in a closed container-a cigarette box-during a warrantless search of his person. The trial court concluded that, although the search was unlawful, the evidence was nevertheless admissible because the police inevitably would have discovered it pursuant...

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