STATE v. BRIGHT


493 P.2d 757 (1972)

STATE of Oregon, Appellant, v. Robert LeRoy BRIGHT, Respondent. State of Oregon, Appellant, v. Robert LeRoy Bright and Charles Richard Baker, Respondents.

Court of Appeals of Oregon, Department 2.

Decided February 10, 1972.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

James H. Lewelling, Newport, argued the cause for respondents. With him on the brief was William R. Noel, Newport.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


LANGTRY, Judge.

The state has taken this appeal from an order suppressing evidence upon the ground that the search which produced it was unreasonable.

On April 24, 1971, at 11:30 a.m., a police officer came upon a passenger vehicle parked upon the right-hand shoulder of a paved road in a mountainous and unpopulated area of Lincoln County. The car had a flat rear tire and a "For Sale" sign in a rear window upon which was written a Lincoln City telephone number...

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