STATE v. MILLER

97-726-C-2; CA A98282.

972 P.2d 896 (1998)

157 Or. App. 489

STATE of Oregon, Appellant, v. Mary Ann MILLER, Respondent.

Court of Appeals of Oregon.

Decided December 9, 1998.


Attorney(s) appearing for the Case

Holly A. Vance, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Eric A. Johansen, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.


De MUNIZ, P.J.

Defendant was charged with possession, delivery and manufacture of a controlled substance. ORS 475.992. Before trial, defendant moved to suppress evidence obtained from a search of her personal items incident to her warrantless arrest. Defendant claimed that the arresting officer lacked probable cause for her arrest. The trial court granted that motion, and the state appeals. ORS 138.060(3). We reverse and remand.

The facts are undisputed and...

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