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STATE v. BENNETT

C8311 35425; CA A31588.

697 P.2d 213 (1985)

72 Or.App. 733

STATE of Oregon, Appellant, v. Joel Dean BENNETT, Respondent.

Court of Appeals of Oregon.

Decided March 20, 1985.

Reconsideration Denied May 10, 1985.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Richard Lee Barton, Portland, argued the cause for respondent. With him on the brief was Jan Peter Londahl, Portland.

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

VAN HOOMISSEN, Judge.

The state appeals a trial court's pretrial order suppressing physical evidence. The issue is whether the search of the passenger compartment and trunk of defendant's car was lawful. We conclude that the search of the passenger compartment was lawful but that the search of the trunk was not. Therefore, we affirm in part and reverse in part.

About an hour before defendant's arrest, a confidential...

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