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STATE v. RY

04CR1206FB, A126045 (Control), 04CR1206FA, A126633.

154 P.3d 724 (2007)

211 Or. App. 298

STATE of Oregon, Plaintiff-Respondent, v. Ron RY, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Stanley Ronald Guinto, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 14, 2007.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Legal Services Division, argued the cause for appellants. With him on the brief was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Douglas F. Zier, 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 HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Defendants, a driver (Guinto) and his passenger (Ry), appeal their convictions for delivery of a controlled substance, former ORS 475.992 (2003), renumbered as ORS 475.840 (2005), challenging the trial court's denial of their motions to suppress evidence discovered during a search following a traffic stop. Or. Const., Art. I, § 9; U.S. Const., Amend. IV. They contend that the search was unlawful because the predicate consent to search...

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