STATE v. BARNDT

No. 10-82-07394; CA A28453.

683 P.2d 166 (1984)

STATE of Oregon, Respondent, v. Douglas Albrecht BARNDT, Appellant.

Court of Appeals of Oregon.

Submitted on Record and Briefs January 20, 1984.


Attorney(s) appearing for the Case

Arlene A. Platt, Eugene, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Jan Peter Londahl, Asst. Atty. Gen., Salem, filed the brief for respondent.

Mary Ann Bearden, Eugene, filed a brief amicus curiae for American Civil Liberties Union Foundation of Oregon, Inc.

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


GILLETTE, Presiding Judge.

Defendant appeals his conviction for possession of a controlled substance, contending that the trial court should have suppressed certain evidence seized and statements made. We agree. Accordingly, we reverse.

On August 28, 1982, at approximately 4:10 a.m., Officer Campbell of the State Police was patrolling on Coburg Road in Eugene. As he drove past an Albertson's store, he noticed defendant and two companions, Webster and Case...

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