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STATE v. ZIEBART

(99C46551; CA A108629)

16 P.3d 1212 (2001)

172 Or. App. 288

STATE of Oregon, Appellant, v. Marvin Phillip ZIEBART, Respondent.

Court of Appeals of Oregon.

Decided January 31, 2001.

Attorney(s) appearing for the Case

Katherine H. Waldo, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Meredith Allen, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Public Defender.

Before ARMSTRONG, Presiding Judge, and DEITS, Chief Judge, and KISTLER, Judge.

KISTLER, J.

The state appeals from a pretrial order suppressing evidence in a criminal case. We reverse and remand.

On May 28, 1999, Officer Maria Mignano saw a minivan stopped beside the road with a flat tire. She stopped to help the two women in the minivan. After she did so, she noticed defendant. Defendant had apparently also stopped his motorcycle to help the women.1 Mignano and defendant were trying to find the spare tire...

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