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104 Or. App. 528

State v. Fortune

Court of Appeals of Oregon

Decided December 5, 1990

Court of Appeals of Oregon · decided 1990-12-05

Decided 1990-12-05

PER CURIAM

¶1Defendant appeals the trial court’s denial of his motion to suppress evidence seized in a search of his person. The search involved is the same one that we reviewed in State v. Yoakum, 104 Or App 291, 799 P2d 1150 (1990), and concluded was unlawful. Accordingly, the trial court erred in denying defendant’s motion to suppress.

¶2Reversed and remanded for a new trial.

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