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STATE v. COOK

CC 1396-08502; CA A99394; SC S47104

34 P.3d 156 (2001)

332 Or. 601

STATE of Oregon, Respondent on Review, v. Jeffrey Dale COOK, Petitioner on Review.

Supreme Court of Oregon.

Decided October 18, 2001.

Attorney(s) appearing for the Case

Dan Maloney, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the briefs was David E. Groom, Public Defender.

Jennifer Scott Lloyd, Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and De MUNIZ, Justices.

De MUNIZ, J.

This is a criminal case in which defendant was convicted of possession of methamphetamine, ORS 475.992(4)(b) (1995), which the police found during a warrantless search of some clothing and a duffel bag. The Court of Appeals held that "defendant had a privacy and possessory interest in the bag and its contents before the bag was searched," but that suppression of the evidence was not required, because "defendant had abandoned his interests * * * in the...

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