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STATE v. JOHNSON

554 P.2d 194 (1976)

26 Or.App. 599

STATE of Oregon, Respondent, v. Steven Anthony JOHNSON, Michael Shane Wesson, Appellants.

Court of Appeals of Oregon.

Decided August 30, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellants. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jesse R. Himmelsbach, Jr., Dist. Atty., Baker, argued the cause and filed the brief for respondent.

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

FORT, Judge.

Defendants appeal from convictions of criminal activity in drugs, ORS 167.207, on the ground that the trial court improperly denied their motion to suppress the fruits of an unreasonable seizure in violation of the Fourth Amendment to the United States Constitution.

The facts are undisputed. On September 3, 1975, at approximately 8:45 a.m., Officer Fluke of the Oregon State Police observed a vehicle pass by him as he was parked adjacent to a temporary...

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