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STATE OF OREGON, Plaintiff-Respondent, v. MICHAEL LOREN KLEIN, Defendant-Appellant

Oregon Court of Appeals2011-01-12No. 081210; A142127
240 Or. App. 428247 P.3d 327

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Opinion

majority opinion

PER CURIAM

Defendant appeals a judgment of conviction for one count of unlawful possession of methamphetamine, ORS 475.894, assigning error to the trial court’s denial of defendant’s motion to suppress methamphetamine found in a small box that police discovered on defendant’s person. Defendant argues that the police unlawfully stopped him without reasonable suspicion of a crime and that the search of the box was not justified by exigent circumstances. The state concedes that the police lacked exigent circumstances to justify opening the box without a warrant. State v. Barnum, 136 Or App 167, 174-75, 902 P2d 95 (1995), rev den, 323 Or 336 (1996). We agree and accept the concession.

Reversed and remanded.