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STATE v. BROWN

No. 18-886; CA 16893.

618 P.2d 1318 (1980)

49 Or.App. 75

STATE of Oregon, Appellant, v. Gene A. BROWN, Respondent.

Court of Appeals of Oregon.

Decided November 10, 1980.

Attorney(s) appearing for the Case

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

James A. Doherty, County Public Defender, Tillamook, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

PER CURIAM.

The state appeals a pretrial order suppressing cocaine seized from defendant during the booking process following his arrest for driving under the influence of intoxicants. The cocaine was in a metal cigarette box which had been sealed with tape.

The facts leading to the discovery of the cocaine are not materially different from those that we held supported a lawful search and seizure in State v. Patton, 47 Or.App. 169...

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