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STATE v. McCARTHY

A165026.

459 P.3d 890 (2020)

302 Or. App. 82

STATE of Oregon, Plaintiff-Appellant, v. Charles Steven McCARTHY, Defendant-Respondent.

Court of Appeals of Oregon.

January 29, 2020.

Attorney(s) appearing for the Case

Christopher A. Perdue , Assistant Attorney General, argued the cause for appellant. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Zachary J. Stern , Salem, argued the cause for respondent. Also on the brief was Ferder Casebeer French & Thompson, LLP.

Before Lagesen, Presiding Judge, and James, Judge, and Sercombe, Senior Judge.

The state appeals from a pretrial order granting, in part, defendant's motion to suppress evidence that was seized pursuant to a warrantless search of defendant's automobile. The state assigns error to that order, arguing that the search was lawful under the automobile exception to the warrant requirement. In response, defendant contends...

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