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STATE v. BRAMMEIER

464 P.2d 717 (1970)

STATE of Oregon, Respondent, v. Michael Steven BRAMMEIER, Appellant.

Court of Appeals of Oregon.

Decided January 29, 1970.

Rehearing Denied February 24, 1970.

Review Denied April 21, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Michael E. Murphy, Deputy Dist. Atty., Eugene, argued the cause for respondent. On the brief were Stephen H. Keutzer, Deputy Dist. Atty., and John B. Leahy, Dist. Atty., Eugene.

Before SCHWAB, C.J., and LANGTRY, FOLEY and BRANCHFIELD, JJ.

SCHWAB, Chief Judge.

Defendant appeals from a conviction for the illegal possession of narcotics.

Defendant, then 17 years of age, was taken into temporary custody by the police because he was beyond parental control. The right of the police to take him into custody is not challenged. The police "frisked" defendant for weapons prior to placing him in a police car. The officer conducting the search discovered a stained pipestem and plastic tube wrapped in a...

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