STATE v. YEOMANS

10-85-03342; CA A38068.

731 P.2d 1072 (1987)

83 Or.App. 512

STATE of Oregon, Respondent, v. Thomas Russell YEOMANS, Appellant.

Court of Appeals of Oregon.

Decided January 28, 1987.


Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


PER CURIAM.

Defendant was convicted of unlawful possession of a controlled substance. On appeal, the sole issue is whether a warrant was necessary to open the "see through" ziplock bag, lawfully seized from defendant at the time of his arrest, and to test the white powder that was visible to the officer. The trial court held that no warrant was necessary and denied defendant's motion to suppress the test results. There is no error. State v. Owens,

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