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STATE v. EMFINGER

487 P.2d 1393 (1971)

STATE of Oregon, Appellant, v. Danny M. EMFINGER, Respondent.

Court of Appeals of Oregon, Department 2.

Decided August 26, 1971.

Attorney(s) appearing for the Case

Robert M. Burrows, Dist. Atty., Grants Pass, argued the cause and filed the brief for appellant.

Daniel Wolke, Grants Pass, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

The state appeals from an order suppressing evidence taken by an officer in a search of defendant's automobile. The officer testified he was in his private automobile with his cap off on his way home after going off shift, when he observed defendant, a minor, and another minor in a moving automobile. The defendant was drinking beer, which, in itself, was a misdemeanor. ORS 471.430(2). The officer displayed his badge and motioned for defendant to pull...

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