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STATE v. BUCHANAN

CR000813; A114038

57 P.3d 930 (2002)

185 Or.App. 68

STATE of Oregon, Appellant, v. Jeffrey Alan BUCHANAN, Respondent.

Court of Appeals of Oregon.

Decided November 13, 2002.

Attorney(s) appearing for the Case

Christina M. Hutchins, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Peter Gartlan, Chief Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Acting Executive Director.

Before EDMONDS, Presiding Judge, DEITS, Chief Judge, and KISTLER, Judge.

KISTLER, J.

The state appeals from a pretrial order suppressing a gun seized from defendant. It argues that the trial court erred when it ruled that the officer's search exceeded the scope of defendant's consent. We affirm.

On May 18, 1999, Officer Thomas Broomfield of the Milwaukee Police Department was looking for a suspect named Ivan. Broomfield had no description other than an approximate age and that the suspect was male. At about 11 a.m., Broomfield...

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