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STATE v. SMALLEY

074980FE, A138399.

225 P.3d 844 (2010)

233 Or. App. 263

STATE of Oregon, Plaintiff-Appellant, v. Fred Jonathon SMALLEY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 20, 2010.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Joshua B. Crowther, Senior Deputy Public Defender, argued the cause for respondent. On the brief were Peter Gartlan, Chief Defender, and Kristin A. Carveth, Deputy Public Defender, Appellate Division, Office of Public Defense Services.

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

SCHUMAN, P.J.

The state appeals an order suppressing evidence found during a warrantless search of defendant's backpack. ORS 138.060(1)(c). It argues that the search was lawful under the automobile exception to the warrant requirement. We agree. Accordingly, we reverse and remand.

The relevant facts are not in dispute. Medford Police Officer Jewell conducted a lawful traffic stop of a pickup truck in which defendant was a passenger. During the course of that...

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