STATE v. GARZA


574 P.2d 1151 (1978)

32 Or. App. 643

STATE of Oregon, Respondent, v. Anicleto Humberto GARZA, Appellant.

Court of Appeals of Oregon.

Decided February 21, 1978.


Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOHNSON, JOSEPH and ROBERTS, JJ.


ROBERTS, Judge.

Defendant appeals from his conviction of criminal activity in drugs, assigning as error the trial court's failure to suppress evidence seized at the time of his arrest. Defendant contends that the officer conducting the search did not have reasonable suspicion that defendant was armed and presently dangerous.

On November 19, 1975, operating under a valid search warrant, police entered and searched an apartment for marijuana. When police entered...

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