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STATE v. CARTER

TC C 76-10-14543; CA 7902; SC 25965; TC C 76-10-14544; CA 7903; SC 25965.

600 P.2d 873 (1979)

287 Or. 503

STATE of Oregon, Respondent, v. William Dean CARTER, Petitioner. State of Oregon, Respondent, v. Marion Clay Dawson, Petitioner.

Supreme Court of Oregon, In Banc.

Argued and Submitted February 7, 1979.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for petitioners. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Walter L. Barrie, Sol. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen., and John W. Burgess, Asst. Atty. Gen., Salem.

Decided October 2, 1979.

TONGUE, Justice.

The defendants in these consolidated cases were charged by information with criminal activity in drugs (ORS 167.207). Defendant Dawson was also charged with unlawful possession of a weapon (ORS 166.250). Both defendants moved to suppress evidence seized from their automobile at the time of their arrest. The trial judge granted those motions. On appeal by the state, the Court of Appeals remanded the cases to the trial...

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