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STATE v. BATES

TC 10-85-09534; CA A41686; SC S34094.

747 P.2d 991 (1987)

304 Or. 519

STATE of Oregon, Respondent On Review, v. Arthur Lee BATES, Petitioner On Review.

Supreme Court of Oregon.

Decided December 22, 1987.

Attorney(s) appearing for the Case

John P. Daugirda, Deputy Public Defender, Salem, on behalf of the petitioner on review. With him on petition, was Gary D. Babcock, Public Defender, Salem.

Terry Ann Leggert, Asst. Atty. Gen., Salem, on behalf of respondent on review.

GILLETTE, Justice.

The issue in this case, a criminal prosecution for unlawful possession of a controlled substance and unlawful possession of a weapon, is whether the police lawfully searched defendant's automobile after stopping him for a traffic infraction. The trial court denied defendant's motion to suppress evidence found in that search. The Court of Appeals affirmed without opinion. State v. Bates, 85 Or.App. 428, 736 P.2d 629 (1987). We reverse.

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