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STATE v. PORTER

CC 10-88-08835; CA A51130; SC S37485.

817 P.2d 1306 (1991)

312 Or. 112

STATE of Oregon, Respondent On Review, v. Charles Leslie PORTER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided September 19, 1991.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, Salem, argued the cause, for petitioner on review. With him on the petition, was Sally L. Avera, Public Defender, Salem.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause, for respondent on review. With her on the response to the petition, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

GRABER, Justice.

The issue in this criminal case is whether, after discovering and seizing evidence of an open container violation1 — an open can containing beer — an officer lawfully searched defendant's car for additional open containers. We hold that the search was unlawful and that the trial court should have suppressed evidence that resulted from it. Accordingly, we reverse...

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