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STATE v. CAMPBELL

C032211CR; A125348.

142 P.3d 517 (2006)

207 Or. App. 585

STATE of Oregon, Respondent, v. Darin Forbes CAMPBELL, Appellant.

Court of Appeals of Oregon.

Decided September 6, 2006.

Attorney(s) appearing for the Case

Jamesa J. Drake, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Robert M. Atkinson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

SCHUMAN, J.

Defendant appeals his conviction for unlawful possession of a controlled substance, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005), assigning error to the trial court's denial of his motion to suppress evidence obtained after he consented to a search. On appeal, the issues are whether defendant was stopped at the time he consented; if so, whether the stop was unlawful; and, if so, whether the evidence must be suppressed as the...

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