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STATE v. STEARNS

C020217CR; A118459.

101 P.3d 811 (2004)

196 Or. App. 272

STATE of Oregon, Respondent, v. Rick Curtis STEARNS, Appellant.

Court of Appeals of Oregon.

Decided November 24, 2004.

Attorney(s) appearing for the Case

Shawn Wiley, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

Defendant appeals, challenging his convictions on four counts of identity theft, ORS 165.800, and one count of first-degree forgery, ORS 165.013. He argues that the traffic stop that led to the discovery of the evidence of those crimes was unlawful. Specifically, defendant contends that the arresting officer lacked objective probable cause to stop the vehicle in which defendant was a passenger because ORS 803.550, which prohibits "illegal alteration...

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