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STATE v. HADLEY

92-4029C2; CA A83868.

932 P.2d 1194 (1997)

146 Or. App. 166

STATE of Oregon, Appellant, v. Christian Joseph HADLEY, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted September 11, 1996.

Decided January 29, 1997.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Ann Kelley, Assistant Attorney General.

Ingrid MacFarlane, Deputy Public Defender, argued the cause for respondent. With her on the brief was Sally L. Avera, Public Defender.

Resubmitted In Banc September 11, 1996.

ARMSTRONG, Judge.

The state appeals from an order granting defendant's motion to suppress evidence found in the search of his vehicle. ORS 138.060(3). Defendant consented to the search, but the court held that the officer lacked authority to request that consent. We affirm.

On November 3, 1992, Oregon State Trooper Johnson saw two vehicles being driven on a public highway, one of which was towing the other. Because...

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