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STATE v. YOAKUM

C88-10-37113; CA A61087.

799 P.2d 1150 (1990)

104 Or.App. 291

STATE of Oregon, Appellant, v. James Ray YOAKUM, Respondent.

Court of Appeals of Oregon.

Decided November 7, 1990.

Attorney(s) appearing for the Case

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Phillip Margolin, Portland, argued the cause for respondent. With him on the brief was Margolin & Margolin, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

The state appeals the trial court's pretrial order to suppress evidence, arguing that the search of the driver of the car in which defendant was a passenger was proper as incident to his arrest and, therefore, that the evidence obtained in that search may be used against him. We affirm.

Defendant was a passenger in a vehicle that was stopped by Portland police officers Rhodes and Justus for having a faulty headlight. The driver, Fortune, told...

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