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STATE v. MARTIN

CC C95-03-31796; CA A88759; SC S44459.

956 P.2d 956 (1998)

327 Or. 17

STATE of Oregon, Petitioner on Review, v. Steven Lamont MARTIN, Respondent on Review.

Supreme Court of Oregon.

Decided April 9, 1998.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause and filed the petition for petitioner on review. With him on the petition were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

David C. Degner, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Sally L. Avera, Public Defender.

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

GILLETTE, Justice.

This is a criminal case in which defendant was charged with one count each of unlawful delivery and unlawful possession of cocaine, a controlled substance. ORS 475.992. Defendant filed a motion to suppress evidence, claiming that the charges against him were based on evidence seized in a warrantless search of his person and that the warrantless search was without probable cause. The trial court agreed and suppressed the evidence. The state appealed...

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