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STATE v. HUSS

541 P.2d 498 (1975)

STATE of Oregon, Respondent, v. Bruce David HUSS, Appellant.

Court of Appeals of Oregon.

Decided October 20, 1975.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and LEE, JJ.

SCHWAB, Chief Judge.

Defendant was convicted of possession of dangerous drugs (LSD). ORS 167.207. His principal contention on appeal is that the drugs were seized from him as a result of a search that was illegal in that it was incident to a pretext arrest.

The arresting officer while on patrol in the city of Springfield observed an automobile being driven by defendant. At a briefing prior to going on patrol, the officer had been told that the persons associated...

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