STATE v. SMITH

34990, CA A31383.

698 P.2d 973 (1985)

73 Or.App. 287

STATE of Oregon, Respondent, v. John Franklin SMITH, Appellant.

Court of Appeals of Oregon.

Decided April 17, 1985.


Attorney(s) appearing for the Case

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

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., Salem and James E. Mountain, Jr., Sol. Gen., Salem.

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


YOUNG, Judge.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(4). He assigns as error the trial court's pretrial order denying his motion to suppress, which was based on the ground that certain evidence was the fruit of an allegedly unlawful stop. We reverse.

On August 2, 1983, at 1:00 a.m., officers Mack and Snider noticed an unattended portable cooler in a park. It was similar to a cooler that was reported stolen in...

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