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STATE v. KRUCHEK

95-12-39452; CA A92706.

969 P.2d 386 (1998)

156 Or. App. 617

STATE of Oregon, Respondent, v. William D. KRUCHEK, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted June 10, 1998.

Decided October 28, 1998.

Attorney(s) appearing for the Case

Peter Gartlan, Deputy Public Defender, argued the cause for appellant. On the briefs were Sally L. Avera, Public Defender, and Eric M. Cumfer, Deputy Public Defender.

Kaye E. Sunderland, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Resubmitted En Banc June 10, 1998.

ARMSTRONG, Judge.

Defendant appeals his conviction for possession of a controlled substance, contending that the trial court erred when it denied his motion to suppress evidence of marijuana found in a plastic cooler. The trial court ruled that, because an odor of marijuana had emanated from the cooler,

"the contents of [the] cooler * * * [had announced] themselves to the officer. * * * [Hence,] defendant's privacy...

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