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STATE v. McCLATCHEY

201108543; A149816.

314 P.3d 721 (2013)

259 Or. App. 531

STATE of Oregon, Plaintiff-Respondent, v. John Allen McCLATCHEY, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 20, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Zachary Lovett Mazer , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Leigh A. Salmon , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

HADLOCK, J.

Defendant was charged with two counts of unlawful delivery of methamphetamine, ORS 475.890, two counts of unlawful possession of methamphetamine, ORS 475.894, and one count each of unauthorized use of a vehicle, ORS 164.135, and possession of a burglary tool or theft device, ORS 164.235. Before trial, defendant moved to suppress evidence of text messages found on a cell phone that was initially searched without a warrant and later searched again after...

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