STATE v. LAVENDER

87-2448-C-1; CA A46475.

762 P.2d 1027 (1988)

93 Or.App. 361

STATE of Oregon, Appellant, v. Angela Danette LAVENDER, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted August 11, 1988.

Decided October 12, 1988.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David E. Groom, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.


Resubmitted In Banc August 11, 1988.

WARREN, Judge.

Defendant was charged with possession of a controlled substance. ORS 475.992(4). The state appeals a pretrial order allowing defendant's motion to suppress evidence seized from her purse. At issue is whether the search was justified as incident to defendant's arrest.

On August 20, 1987, at about 1:00 a.m., an anonymous phone call to the Medford police department reported a woman screaming in a small...

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