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STATE v. PREW

210503719; A130433.

161 P.3d 323 (2007)

213 Or. App. 336

STATE of Oregon, Plaintiff-Respondent, v. Robert Murray PREW III, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 13, 2007.

Attorney(s) appearing for the Case

Michael J. Buseman argued the cause for appellant. With him on the brief was Douglas J. Dennett, P.C.

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

SCHUMAN, J.

Defendant appeals from his conviction for driving under the influence of intoxicants. He assigns error to the trial court's denial of his motion to suppress evidence of the arrest captured on an audiotape. The prosecution stipulated that the arresting officer did not inform defendant that the encounter was being recorded; according to defendant, that fact alone required suppression of the tape containing the recorded information as well as the arresting...

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