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STATE v. PORTER

570 P.2d 111 (1977)

31 Or.App. 229

STATE of Oregon, Appellant, v. Randi D. PORTER, Respondent.

Court of Appeals of Oregon.

Decided October 17, 1977.

Attorney(s) appearing for the Case

Michael T. Dugan, Deputy Dist. Atty., Baker, argued the cause for appellant. With him on the brief was Jesse R. Himmelsbach, Jr., Dist. Atty., Baker.

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

Before SCHWAB, C.J., and TANZER and JOSEPH, JJ.

JOSEPH, Judge.

Defendant was charged by information on three counts of criminal activity in drugs under ORS 167.207. He moved to suppress evidence seized from his car. The trial court granted the motion, and the state appeals.

The facts are undisputed. At about 11 p.m. on February 17 a police officer observed the defendant in an automobile parked in the parking lot of the First National Bank in Baker. Approximately 30 minutes later the officer noted that the...

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