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STATE v. TOVAR

094541FE; A145510.

299 P.3d 580 (2013)

256 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Rudy E. TOVAR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 3, 2013.

Attorney(s) appearing for the Case

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

Tiffany Keast , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Douglas F. Zier , Assistant Attorney General.

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

ARMSTRONG, P.J.

Defendant appeals a judgment of conviction for unlawful possession of marijuana, ORS 475.864, arguing that the trial court erred in denying, in part, his motion to suppress evidence obtained as a result of a seizure and search by police officers after the police had stopped a vehicle in which defendant was a passenger. We conclude that statements made by defendant during the time that he was unlawfully seized...

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