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STATE v. PHILLIPS

C071362CR, A136611.

222 P.3d 738 (2009)

232 Or. App. 547

STATE of Oregon, Plaintiff-Respondent, v. Lance Edward PHILLIPS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 16, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Travis S. Eiva, Deputy Public Defender, Legal Services Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Susan G. Howe, Senior Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

SCHUMAN, P.J.

Defendant appeals a judgment of conviction for possession of a controlled substance. ORS 475.840(3)(b). He assigns error to the denial of his motion to suppress evidence obtained after he offered to allow an officer to search his vehicle. As he did at trial, he argues that the discovery of evidence resulted from a violation of his rights under Article I, section 9, of the Oregon Constitution. The state responds that the encounter between defendant and...

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