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206 Or. App. 709

State v. Slingluff

Court of Appeals of Oregon

Decided July 5, 2006

Court of Appeals of Oregon · decided 2006-07-05

Decided 2006-07-05

PER CURIAM

¶1Defendant appeals her conviction for possession of a controlled substance, ORS 475.992 (2003), arguing that the trial court erred in denying her motion to suppress evidence. She argues that she was unlawfully stopped when a police officer obtained her identification, performed a records check, had her empty her pockets, questioned her, and eventually sought and received consent to search her vehicle. The state concedes that the facts of this case are not materially distinguishable from those in State v. Hall, 339 Or 7, 115 P3d 908 (2005), and, based on that case, concedes that the trial court erred in denying defendant’s motion to suppress. We agree that the present case is not materially distinguishable from Halland therefore accept the state’s concession.

¶2Reversed and remanded for new trial.

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