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STATE v. GIBBONS

535 P.2d 561 (1975)

STATE of Oregon, Appellant, v. Shannon Lee GIBBONS, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1975.

Rehearing Denied June 18, 1975.

Review Denied July 1, 1975.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for respondent.

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

LEE, Judge.

After being indicted for criminal activity in drugs, ORS 167.207, defendant moved to suppress evidence seized from her car following a stop of her vehicle without reasonable suspicion of criminal activity. The trial judge allowed the motion on the basis that "subjective suspicion" of the officer was insufficient to justify the stop. The state appeals pursuant to ORS 138.060(3).

The essential facts are: At about 2 a.m. on July 5, 1974, Officer White...

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