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STATE v. HERBERT

29153; CA A28263.

705 P.2d 220 (1985)

75 Or.App. 106

STATE of Oregon, Appellant, v. Jerald C. HERBERT, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted March 6, 1985.

Decided August 21, 1985.

Reconsideration Denied October 11, 1985.

Attorney(s) appearing for the Case

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

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for respondent. With him on brief was Gary D. Babcock, Public Defender, Salem.

Resubmitted in banc March 6, 1985.

NEWMAN, Judge.

Defendant was indicted for possession of a controlled substance. ORS 475.992(4). The state appeals a pretrial order that granted defendant's motion to suppress property seized from defendant just after his arrest. ORS 138.060(3). We affirm in part and reverse in part.

Two officers of the St. Helens Police Department saw defendant in a store parking lot. Officer Yokum knew that there was an outstanding...

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