STATE v. CHAPUT

No. 155483; CA 13899.

604 P.2d 435 (1979)

43 Or.App. 831

STATE of Oregon, Respondent, v. Margaret Evalina CHAPUT, Appellant.

Court of Appeals of Oregon.

Decided December 24, 1979.


Attorney(s) appearing for the Case

Jim Hilborn, Corvallis, argued the cause for appellant. With him on the brief was Corl, Poling & Hilborn, Corvallis.

Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.


JOSEPH, Presiding Judge.

In a trial to the court, defendant was convicted of driving while under the influence of intoxicants. ORS 487.540. On appeal she assigns as errors (1) the trial court's failure to dismiss on the ground that the stop was unlawful and (2) its failure to suppress statements made by defendant at the scene of her arrest.

At about midnight, defendant was observed by an off-duty state trooper and...

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