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STATE v. BENNETT

CC C83-11-35425; CA A31588; SC S31726.

721 P.2d 1375 (1986)

301 Or. 299

STATE of Oregon, Petitioner on review, v. Joel Dean BENNETT, Respondent on review.

Supreme Court of Oregon, In Banc.

Reassigned March 4, 1986.

Decided July 1, 1986.

Attorney(s) appearing for the Case

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

Jan Peter Londahl of Bennett, Londahl & McCandlish, Portland, argued the cause for respondent on review.

JONES, Justice.

In this case, the state petitions for review from the Court of Appeals decision that affirmed the trial court's pretrial order suppressing physical evidence discovered in a warrantless search of a car trunk. As in State v. Brown, 301 Or. 268, 721 P.2d 1357 (1986) (decided this date), the issue is whether, following the arrest of the defendant after he was stopped in his car, the...

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