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STATE v. HERBERT

TC 29153; CA A28263; SC S32163.

729 P.2d 547 (1986)

302 Or. 237

STATE of Oregon, Respondent On Review, v. Jerald C. HERBERT, Petitioner On Review.

Supreme Court of Oregon.

Reassigned March 4, 1986.

Decided November 20, 1986.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause and filed the petition for petitioner on review. With him on the petition and additional memoranda was Gary D. Babcock, Public Defender for Oregon, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

CARSON, Justice.

The issue in this case is whether the arresting police officer lawfully seized a paperfold1 that he had observed defendant remove from his clothing following defendant's arrest for a crime unrelated to criminal activity in drugs.

While crossing a store parking lot, defendant was arrested on an outstanding warrant for failure to appear on a charge of Driving While Suspended. Defendant told the arresting officer...

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