STATE v. LOWRY

No. TC 79-1588-C; CA A22852; SC 28989.

667 P.2d 996 (1983)

295 Or. 337

STATE of Oregon, Respondent On Review, v. Michael Craig LOWRY, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided July 26, 1983.


Attorney(s) appearing for the Case

Robert J. McCrea of Morrow, McCrea & Divita, P.C., Eugene, argued the cause and filed the petition for petitioner on review.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause and filed the response for the respondent on review. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen.


LINDE, Justice.

After stopping defendant's automobile for a faulty headlight, a deputy sheriff arrested defendant for driving under the influence of intoxicants. When defendant was handcuffed, another officer took from defendant's clothing a small, closed, transparent amber pill bottle which contained a white powder. The officer kept the bottle in his possession and later had the contents tested. The powder proved to be cocaine, and defendant subsequently was convicted...

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