HASELTON, P.J.
Defendant was convicted of two counts of unlawful possession of a controlled substance. ORS 475.992. At trial, defendant sought to suppress evidence on the ground that it was gathered in the course of an unlawful search of the vehicle in which defendant was a passenger. The trial court concluded that, although the search was unlawful under ORS 810.410(3)(b) (1995),
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