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STATE v. TURCHIK

No. 80-61C; CA 18737.

632 P.2d 497 (1981)

53 Or.App. 499

STATE of Oregon, Respondent, v. Mark S. TURCHIK, Appellant.

Court of Appeals of Oregon.

Decided August 10, 1981.

Attorney(s) appearing for the Case

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

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals his jury conviction for possession of a controlled substance. ORS 475.992. The issue on appeal is whether the police had probable cause to conduct a warrantless search of defendant's vehicle, and, if so, whether exigent circumstances justified the warrantless search of a closed shoebox found inside the vehicle.

As Officers Stroup and Hawkins were patrolling Highway 97 in Klamath County, they observed a 1976 Volkswagon...

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