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STATE v. TOURTILLOTT

No. 10158; CA 10998; SC 26660.

618 P.2d 423 (1980)

289 Or. 835

STATE of Oregon, Respondent, v. Donna Lorraine TOURTILLOTT, Petitioner.

Supreme Court of Oregon.

Decided October 21, 1980.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Karen Green, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before DENECKE, C.J., TONGUE, HOWELL, LENT, LINDE and PETERSON, JJ., and TANZER, Justice Pro Tempore.

PETERSON, Justice.

The decision in this case turns on the applicability of ORS 131.615 and the requirements of the state and federal constitutions. Three issues are presented for our determination:

1. Do police game checkpoint stops violate ORS 131.615 when there is neither probable cause to believe nor reasonable suspicion that a crime has been committed?

2. Are game checkpoint stops violative of Article I, section 9, of the Oregon Constitution or...

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