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STATE v. BERRY

06CR0317, A135730.

222 P.3d 758 (2009)

232 Or. App. 612

STATE of Oregon, Plaintiff-Respondent, v. Laura Jean BERRY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 23, 2009.

Attorney(s) appearing for the Case

Stephanie Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Tiffany Keast, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

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

SCHUMAN, P.J.

Defendant was convicted of unlawful possession of methamphetamine. ORS 475.894. On appeal, she assigns error to the trial court's denial of her motion to suppress evidence that, she argues, derived from a violation of her rights under Article 1, section 9, of the Oregon Constitution.1 Specifically, she argues that, when the police officer who had stopped her for a traffic violation asked for her consent to search her person...

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