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STATE v. AMELL

200620740; A135199.

215 P.3d 910 (2009)

230 Or. App. 336

STATE of Oregon, Plaintiff-Respondent, v. Jim Marvin AMELL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 12, 2009.

Attorney(s) appearing for the Case

Carolyn Bys, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Legal Services Division, Office of Public Defense Services.

Matthew J. Lysne, 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 SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

SERCOMBE, P.J.

Defendant appeals from a judgment of conviction for unlawful possession of cocaine and carrying a concealed weapon. ORS 475.884; ORS 166.240. Defendant assigns error to the denial of his motion to suppress evidence. That evidence was seized following a patdown search of defendant for weapons during a traffic stop. We conclude that the search was not justified as necessary to protect the safety of police officers and that the evidence should have been...

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