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STATE v. RUBERT

No. C 79-03-30684; CA 14980.

612 P.2d 771 (1980)

46 Or.App. 843

STATE of Oregon, Respondent, v. Connie Lynn RUBERT, Appellant.

Court of Appeals of Oregon.

Decided June 30, 1980.

Attorney(s) appearing for the Case

Howard Clyman, West Linn, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOSEPH, WARDEN and WARREN, JJ.

WARDEN, Judge.

Defendant appeals her conviction for possession of amphetamines, contending that the drugs were seized pursuant to an unlawful search. We agree and reverse.

On February 24, 1979, officers from the Portland Police Bureau and deputy sheriffs from Wasco County, working undercover, arranged to purchase five ounces of cocaine from three individuals. The sellers told the undercover officers to wait at 39th and Holgate in Portland, while the sellers...

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