STATE v. MORGAN

(CC 062638BFE; CA A134236; SC S057279).

230 P.3d 928 (2010)

348 Or. 283

STATE of Oregon, Respondent on Review, v. Carolyn Ann MORGAN, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided May 13, 2010.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Office of Public Defense Services, Salem, argued the cause for petitioner on review. With him on the brief was David C. Degner, Deputy Public Defender.

Susan G. Howe, Senior Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.


GILLETTE, J.

This is a criminal case in which defendant was convicted of unlawful possession of heroin, ORS 475.854,1 which a police officer discovered in defendant's purse. Defendant reached into the purse after the officer indicated that he needed to search it for weapons. The officer, concerned that defendant was reaching for a weapon, seized the purse and saw drug paraphernalia inside it. The trial court refused to suppress the evidence...

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