STATE v. ANFIELD

C 87-12-36880; CA A48488.

770 P.2d 919 (1989)

95 Or.App. 568

STATE of Oregon, Respondent, v. Levester ANFIELD, Appellant.

Court of Appeals of Oregon.

Decided March 8, 1989.


Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

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

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


GRABER, Presiding Judge.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(4). He assigns as error the denial of his motion to suppress evidence obtained in a warrantless search of a bag that he was carrying. We reverse.

At about 3:25 a.m. on November 18, 1987, officers Smith and Hooper, who were in a marked patrol car, saw defendant walking down a street in a "high drug area," carrying a bag over his shoulder. Smith shined...

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