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STATE v. WEBER

No. C82-05-35223; CA A26397.

668 P.2d 475 (1983)

64 Or.App. 459

STATE of Oregon, Respondent, v. Bruce Francis WEBER, Appellant.

Court of Appeals of Oregon.

Decided August 31, 1983.

Attorney(s) appearing for the Case

Lawrence Baron, Asst. Public Defender, Portland, argued the cause and filed the brief for appellant.

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

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

In this criminal case, defendant seeks reversal of a trial court order denying his motion to suppress evidence that the police obtained as a result of a pat-down search for weapons. We reverse and remand, because the facts apparent to the police at the time of the search were insufficient to support a reasonable suspicion that defendant was armed and dangerous.

On May 11, 1982, a number of Portland police officers

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