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STATE v. NIX

07122775; A138483.

237 P.3d 842 (2010)

236 Or. App. 32

STATE of Oregon, Plaintiff-Appellant, v. James Tyler NIX, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 23, 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.

Bronson D. James, Chief Deputy Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DEITS, Senior Judge.

HASELTON, P.J.

The state appeals an order suppressing evidence discovered during a warrantless search of data contained in a cellular telephone that defendant possessed at the time of his arrest. ORS 138.060(1)(c). The state argues that the warrantless search was lawful either because of exigent circumstances or as a valid search incident to arrest. We review the trial court's order for errors of law, State v. Ehly, 317 Or. 66<...

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