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STATE v. SOMFLETH

492 P.2d 808 (1972)

STATE of Oregon, Appellant, v. Thomas Lyle SOMFLETH, Respondent.

Court of Appeals of Oregon, Department 1.

Decided January 14, 1972.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

John A. Pickard, Portland, argued the cause for respondent. With him on the brief were Dardano, Mowry & Hanson, Portland.

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

FORT, Judge.

Defendant was indicted for unlawful possession of the dangerous drug secobarbital. ORS 475.100. He moved to suppress as evidence eight capsules of secobarbital found on his person at the time of his arrest on the ground that they had been illegally seized. After a hearing, the trial court granted defendant's motion. The state appeals, pursuant to ORS 138.060(4).

The relevant facts are undisputed and are as follows. On the morning of August 17...

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