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STATE v. CONNALLY

(CC 000634971; CA A116517; SC S50999).

125 P.3d 1254 (2005)

339 Or. 583

STATE of Oregon, Respondent on Review, v. Richard Michael CONNALLY, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 15, 2005.

Attorney(s) appearing for the Case

Jennelle Meeks Barton, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Joanna L. Jenkins, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Harry Auerbach, Chief Deputy City Attorney, Portland, filed the brief for amicus curiae City of Portland.

KISTLER, J.

The issue in this criminal case is whether the Portland City Code authorized police officers to inventory the contents of a closed "fanny pack" that defendant left in an impounded car. We hold that that it did and accordingly affirm the Court of Appeals decision and the trial court's judgment.

Portland Police Officer Larson was sitting in his car outside Huskey's house. Larson knew that Huskey had sold...

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