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STATE v. WIENER

C091277CR; A145445.

295 P.3d 152 (2013)

254 Or. App. 582

STATE of Oregon, Plaintiff-Appellant, v. Timothy John WIENER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided January 16, 2013.

Attorney(s) appearing for the Case

Anna M. Joyce , Assistant Attorney-in-Charge, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

Mary M. Reese , Senior Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

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

DUNCAN, J.

In this criminal case, the state appeals the trial court's order granting defendant's motion to suppress evidence obtained during a traffic stop of a truck in which defendant was a passenger. An officer requested and received the driver's consent to search the truck and, when he asked defendant to step out of the truck so it could be searched, saw methamphetamine where defendant had been sitting. The trial court...

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