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STATE v. KUSAJ

CR98055633; A105804

28 P.3d 1182 (2001)

174 Or. App. 575

STATE of Oregon, Appellant, v. George Larry KUSAJ, Jr., Respondent.

Court of Appeals of Oregon.

Decided June 13, 2001.

Attorney(s) appearing for the Case

Holly A. Vance, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

David E. Groom, Public Defender, argued the cause for respondent. With him on the brief was Cara J. Smith, Certified Law Student.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and CENICEROS, Senior Judge.

WOLLHEIM, J.

The state appeals from a pretrial order suppressing evidence. ORS 138.060(3). The trial court concluded that the stopping officer's observations of defendant's driving did not support an objectively reasonable suspicion that defendant was driving under the influence of intoxicants (DUII), ORS 813.010, and, therefore, the stop was unlawful. We reverse and remand.

We present the facts consistently with the trial court's findings. Ball v. Gladden...

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