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STATE v. EMBRY

No. C 78-09-14547; CA 15532.

607 P.2d 224 (1980)

45 Or.App. 31

STATE of Oregon, Respondent, v. Teresa Marie EMBRY, Appellant.

Court of Appeals of Oregon.

Decided March 3, 1980.

Attorney(s) appearing for the Case

Marianne Bottini, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief were Gary D. Babcock, Public Defender, and Judith H. Stone, Certified Law Student, Salem.

Christian W. Van Dyke, 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 THORNTON and CAMPBELL, JJ.

CAMPBELL, Judge.

Defendant appeals from a conviction for possession of a controlled substance. The trial court denied her motion to suppress amphetamines obtained during a search conducted pursuant to her arrest.1 The issue here is whether the arresting officers had probable cause to arrest defendant. We hold that the officers lacked probable cause, and reverse and remand.

Early in the afternoon on August 16, 1978, Officer Huff...

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