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STATE v. JORGENSON

CR0-0501; CA A65370.

819 P.2d 742 (1991)

109 Or.App. 331

STATE of Oregon, Appellant, v. David JORGENSON, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1991.

Attorney(s) appearing for the Case

Jonathan H. Fussner, 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.

Louis R. Miles, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender, Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

JOSEPH, Chief Judge.

Defendant was charged with illegal possession of a deer. ORS 496.992. The state appeals from a trial court order allowing his motion to suppress. ORS 138.060(3). The issue is whether the warrantless search of his pickup was proper under Article 1, section 9, of the Oregon Constitution.

At approximately 6:00 p.m. on February 10, 1989, Oregon State Police trooper Duggins, a fish and game officer, was patrolling snow-covered China Hat Road...

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