STATE v. NEWPORT

02CR1990FE; A123949.

130 P.3d 792 (2006)

204 Or. App. 489

STATE of Oregon, Respondent, v. Daren Wade NEWPORT, Appellant.

Court of Appeals of Oregon.

Decided March 8, 2006.


Attorney(s) appearing for the Case

James N. Varner, Dundee, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Susan G. Howe, Assistant Attorney General, filed the brief for respondent.

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


SCHUMAN, J.

After the trial court denied his motion to suppress evidence, defendant was convicted of crimes involving the possession, manufacture, and delivery of marijuana. He appeals, arguing that the warrantless search of a backpack that officers found on the front seat of his truck, after he had been arrested approximately 10 feet from the vehicle, violated his rights under Article I, section 9, of the Oregon Constitution.1 The state...

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