STATE v. SMITH

07FE0142; A142178.

268 P.3d 644 (2011)

246 Or. App. 614

STATE of Oregon, Plaintiff-Respondent, v. Jonathan Kaine SMITH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 23, 2011.


Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Stephanie L. Striffler, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

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


WOLLHEIM, J.

Defendant, a member of the Confederated Tribes of Warm Springs, filed a motion to suppress evidence obtained as a result of his seizure and arrest by a Madras City Police Officer who pursued defendant onto the Warm Springs Reservation, arrested him there, placed him in a Madras City Police car, and drove him to a jail off the reservation. Relying on the Warm Springs Tribal Code (WSTC) "hot pursuit" provision, WSTC 310.120, the trial court denied defendant...

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