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STATE v. WOODALL

C992388CR; A109908.

45 P.3d 484 (2002)

181 Or. App. 213

STATE of Oregon, Respondent, v. Jerry Lynn WOODALL, Appellant.

Court of Appeals of Oregon.

Decided May 1, 2002.

Attorney(s) appearing for the Case

Shawn Wiley, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Kaye E. McDonald, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Judge, and OSBORNE, Judge pro tempore.

BREWER, J.

Defendant appeals from a judgment convicting him of possession of a controlled substance. ORS 475.992. Defendant contends that the trial court erred in denying his motion to suppress evidence discovered by police inside a metal box found in his truck. We reverse and remand.

In August 1999, Sergeant Calvert of the Cornelius Police Department stopped defendant for failure to use a seat belt while driving his truck. When Calvert reached the truck,...

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