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STATE v. BUSACKER

M25439; CA A95687.

962 P.2d 723 (1998)

154 Or. App. 528

STATE of Oregon, Appellant, v. Alan W. BUSACKER, Respondent.

Court of Appeals of Oregon.

Decided June 24, 1998.

Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

William Lewis argued the cause and filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

Defendant was charged with operating a boat while under the influence of intoxicating liquor (BUII), ORS 830.325. The state appeals a trial court order suppressing evidence acquired as the result of an allegedly illegal stop. We reverse and remand.

For the most part, the relevant facts are not disputed. On June 5, 1995, Deputies Lort and Elliott were on river patrol during Rose Parade weekend near downtown Portland. At approximately...

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