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STATE v. CROCKETT

580 P.2d 214 (1978)

34 Or.App. 1019

The STATE of Oregon, Appellant, v. Margaret Eileen CROCKETT, Respondent.

Court of Appeals of Oregon.

Decided June 20, 1978.

Attorney(s) appearing for the Case

Gregory E. Veralrud, Certified Law Student, Eugene, argued the cause for appellant. With him on the brief were J. Pat Horton, Dist. Atty. for Lane County, and Frank R. Papagni, Jr., Asst. Dist. Atty., Eugene.

R. Glenn Mitterman, Eugene, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

JOSEPH, Judge.

Defendant was charged with theft in the second degree. ORS 164.045. She moved to suppress items seized as a result of a warrantless search of her automobile after it had been stopped by a police officer. The motion was granted and the state appeals.

The defendant has effectively conceded that the stop was valid by not raising any substantial claim that it was invalid. Her argument that the search was invalid rests on an assumption that the stop...

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