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STATE v. BOYANOVSKY

TC TM84-3967; CA A39414; SC S33380.

743 P.2d 711 (1987)

304 Or. 131

STATE of Oregon, Petitioner On Review, v. Mark Wesley BOYANOVSKY, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided September 15, 1987.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Virginia L. Linder, Sol. Gen., and David Schuman, Asst. Atty. Gen., Salem. Also on the memorandum in response to court questions was Richard D. Wasserman, Asst. Atty. Gen., Salem.

Kathryn A. Wood, Corvallis, filed a memorandum in response to court questions and argued the cause for respondent on review.

CARSON, Justice.

This case involves the legality of a sobriety roadblock conducted to discover and arrest persons committing the crime of driving while under the influence of intoxicants and to gather evidence for use in the criminal prosecutions.

From approximately 11:00 p.m. to 2:20 a.m., on September 28-29, 1984, the Oregon State Police, in conjunction with the Benton County Sheriff's Office and the Philomath Police Department, conducted a roadblock on...

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