STATE v. KENNEDY

No. C 79-01-30055; CA 15145.

609 P.2d 438 (1980)

45 Or.App. 911

The STATE of Oregon, Appellant, v. Leroy Franklin KENNEDY, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted April 9, 1980.

Decided April 14, 1980.


Attorney(s) appearing for the Case

James M. Brown, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Ann Morgenstern, Portland, argued the cause for respondent. With her on the brief was George M. Jenks, Portland.


Resubmitted In Banc April 9, 1980.

CAMPBELL, Judge.

The state appeals from a trial court order suppressing evidence seized in a search of defendant at Portland International Airport. The trial court ruled that the police lacked reasonable suspicion to stop defendant. We affirm.

At the pretrial suppression hearing the state introduced the following evidence. Officer McLaughlin of the Portland Police Department received a call from a Fort Lauderdale...

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