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STATE v. RAYBURN

090531997; A144049.

266 P.3d 156 (2011)

246 Or. App. 486

STATE of Oregon, Plaintiff-Appellant, v. Jake Laredo RAYBURN, Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 9, 2011.

Attorney(s) appearing for the Case

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Zachary L. Mazer, Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

The state appeals an order suppressing incriminating statements and other evidence obtained after defendant was arrested for unauthorized use of a vehicle. ORS 164.135(1)(a). The court agreed with defendant that the arrest was unlawful because one element of that crime is knowledge that the use is, in fact, unauthorized, and the arresting officers did not have probable cause to believe that defendant had that...

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