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STATE v. WALP

No. M3-28; A27763.

672 P.2d 374 (1983)

65 Or.App. 781

STATE of Oregon, Respondent, v. Elizabeth Ann WALP, Appellant.

Court of Appeals of Oregon.

Decided November 30, 1983.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Bend, argued the cause for appellant. With him on the brief was Crabtree & Rahmsdorff, P.C., Bend.

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Defendant appeals her conviction for driving under the influence of intoxicants. ORS 487.540. She assigns as error the denial of her motion to suppress. She relies on ORS 131.615 and the state and federal Constitutions. We determine that defendant was unlawfully stopped within the meaning of ORS 131.615 and reverse.

Shortly after midnight, two deputy sheriffs responded to a complaint about a party in a subdivision south of Bend. When the officers...

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