STATE v. BLACK

9506-45214; CA A91773.

932 P.2d 554 (1997)

146 Or. App. 1

STATE of Oregon, Appellant, v. Horace Lee BLACK, Respondent.

Court of Appeals of Oregon.

Decided January 29, 1997.

Review Allowed April 8, 1997.


Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Hari Nam S. Khalsa, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before DEITS, P.J., and DE MUNIZ and HASELTON, JJ.


DEITS, Presiding Judge.

The state appeals a trial court order granting defendant's motion to suppress evidence obtained during a stop, in which a police officer was investigating the crime of illegal dumping, ORS 164.805, and which led to defendant's arrest for driving while under the influence of intoxicants, ORS 813.010. ORS 138.060(3). We reverse.

Officer Haines received information that a "black van with an Oregon...

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