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STATE v. WALES

C85-08-33285; CA A37897.

755 P.2d 704 (1988)

91 Or.App. 10

STATE of Oregon, Appellant, v. Frank Gilbert WALES, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted September 9, 1987.

Decided May 11, 1988.

Attorney(s) appearing for the Case

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

Sally L. Avera, Salem, argued the cause, for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Resubmitted In Banc September 9, 1987.

JOSEPH, Chief Judge.

In this prosecution for possession of controlled substances, ORS 475.992, the state appeals from an order suppressing evidence obtained when defendant was searched. The state raises two issues: (1) whether the stop and the search were supported by a reasonable suspicion that defendant was armed and dangerous; and (2) whether the opening of a small metal box that was seized from defendant's pocket...

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