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STATE v. KING

No. 82122811; CA A28777.

680 P.2d 10 (1984)

67 Or.App. 749

STATE of Oregon, Respondent, v. Richard Benjamin KING, Jr., Appellant.

Court of Appeals of Oregon.

Decided April 18, 1984.

Attorney(s) appearing for the Case

James L. McGehee, Stayton, argued the cause for appellant. With him on the brief was Larimer & McGehee, Stayton.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992(4), claiming that the evidence against him was discovered as the result of an illegal stop. ORS 131.615. We agree and reverse and remand.

There are two rest areas, one on each side of the Interstate 5 freeway, just north of where it crosses the Santiam River in Linn County. A one lane paved road goes under the freeway close to the river and connects...

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