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STATE v. BENNING

130230915; A154608.

359 P.3d 357 (2015)

273 Or. App. 183

STATE of Oregon, Plaintiff-Appellant, v. William Phillip BENNING, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 19, 2015.

Attorney(s) appearing for the Case

Leigh A. Salmon , Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Laura E. Coffin , Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

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

The state appeals a pretrial order granting defendant's motion to suppress evidence and dismissing a one-count indictment against defendant for possession of methamphetamine. ORS 138.060(1)(c). The evidence was obtained after the police observed defendant and a companion, Jacobs, "bent over a bag" in front of a restaurant; initiated contact...

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