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STATE v. MEHARRY

CFH030171; A124222.

120 P.3d 520 (2005)

201 Or. App. 609

STATE of Oregon, Appellant, v. Kathy Louise MEHARRY, Respondent.

Court of Appeals of Oregon.

Decided September 28, 2005.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Annetta L. Spicer, Heppner, argued the cause for respondent. With her on the brief was Kuhn & Spicer.

Before EDMONDS, Presiding Judge, and SCHUMAN, Judge, and SULLIVAN, Judge pro tempore.

EDMONDS, P.J.

The state appeals a pretrial order suppressing evidence obtained in a warrantless search of an automobile, arguing that the search fell within one of three exceptions to the warrant requirement: (1) search incident to arrest; (2) the "automobile exception"; or (3) probable cause plus exigent circumstances. We review the trial court's legal conclusions for errors of law, and we are bound by its factual findings if there is sufficient evidence in the record...

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