STATE v. KEMP/HAWORTH

90CR0238FE; 90CR0243FE; CA A65542 (Control); CA A65724.

831 P.2d 37 (1992)

112 Or. App. 522

STATE of Oregon, Appellant, v. Bryan Neal KEMP, Respondent. STATE of Oregon, Appellant, v. John David HAWORTH, Respondent.

Court of Appeals of Oregon.

Decided April 22, 1992.

Reconsideration Denied June 17, 1992.

Review Denied July 21, 1992.


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.

David K. Allen, Deputy Public Defender, Salem, argued the cause for respondents. With him on the brief was Sally L. Avera, Public Defender, Salem.

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


RIGGS, Judge.

Defendants1 were arrested for possession of a controlled substance, methamphetamine. ORS 475.992(4). They moved to suppress evidence of the crime, arguing that the discovery and seizure of the methamphetamine resulted from an illegal search and seizure. The trial court granted the motion, and the state appeals. We reverse and remand.

At approximately 8 p.m. on October 20, 1989, Oregon State Police Trooper Markee was...

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