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STATE v. KOLB

07CR1807FE; A145078.

283 P.3d 423 (2012)

251 Or. App. 303

STATE of Oregon, Plaintiff-Respondent, v. Debra Marie KOLB, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 25, 2012.

Attorney(s) appearing for the Case

Erik Blumenthal , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Cecil A. Reniche-Smith , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

HASELTON, C.J.

Defendant appeals her conviction for possession of a controlled substance (methamphetamine), ORS 475.894, assigning error to the denial of her motion to suppress evidence of that offense. She contends that that evidence was obtained as the result of an unlawful seizure of her person following a traffic stop of a car in which she was a passenger. As explained below, we conclude that defendant was unlawfully seized in that, as of the time of the stop...

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