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STATE v. ANDERSON

TC G 16104; CA A35552; SC S33384.

743 P.2d 715 (1987)

304 Or. 139

STATE of Oregon, Petitioner On Review, v. Steven C. ANDERSON, 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.

Orrin Leigh Grover, Molalla, 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 prosecution.

From 10:15 to 11:45 p.m., on the evening of May 18, 1984, the Oregon State Police, in conjunction with officers of the Clackamas County Sheriff's Department, set up a roadblock on Highway 213 at South Mulino Road...

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