STATE v. MEDENBACH

No. 79-24345; CA 16956.

616 P.2d 543 (1980)

48 Or.App. 133

STATE of Oregon, Appellant, v. Harry William MEDENBACH, Respondent.

Court of Appeals of Oregon.

Decided September 8, 1980.


Attorney(s) appearing for the Case

Frank R. Papagni, Jr., Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief were J. Pat Horton, Dist. Atty., and Dennis L. Ulsted, Asst. Dist. Atty., Eugene.

No appearance for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


THORNTON, Judge.

The state appeals from a pretrial ruling of the district court suppressing certain recorded statements made by defendant to a police officer at the time defendant was stopped for erratic driving. The court held the evidence inadmissible because 1) defendant had indicated his desire not to talk to the officer, and 2) the officer had told defendant that if defendant did not cooperate the officer would arrest him and take him to jail.

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