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STATE v. MORTON

CC 10-93-01567B; CA A80443; SC S42838.

953 P.2d 374 (1998)

326 Or. 466

STATE of Oregon, Respondent on Review, v. Deann Lorraine MORTON, Petitioner on Review.

Supreme Court of Oregon.

Reassigned February 3, 1998.

Decided March 5, 1998.

Attorney(s) appearing for the Case

Steve V. Humber, Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs was Sally L. Avera, Public Defender.

Rives Kistler, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER and DURHAM, JJ.

GILLETTE, Justice.

This is a criminal case in which defendant was charged with unlawful possession of a controlled substance, ORS 475.992(4)(b), and with unlawful delivery of a controlled substance, ORS 475.992(1)(b). The central issue is whether the police lawfully seized a small container that defendant dropped during an arrest. That issue is clouded by two other issues: (1) because defendant denied, at the time of the seizure, that the container belonged to her...

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