STATE v. STATHAM

No. 10-81-01974; CA A21434.

639 P.2d 684 (1982)

55 Or.App. 646

STATE of Oregon, Respondent, v. Frank Marvin STATHAM, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1982.


Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and ROBERTS, J.


ROBERTS, Judge.

Defendant seeks reversal of his conviction for the crime of unlawful possession of a controlled substance, marijuana, seized from a duffel bag taken from the back seat of a vehicle which he was driving. The trial court found that, although defendant had a reasonable expectation of privacy in the passenger compartment of the vehicle, he had failed to establish any privacy interest in the duffel bag itself and denied defendant's motion to suppress the...

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