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STATE v. NIEDERMEYER

No. J 8225; CA 17574.

617 P.2d 911 (1980)

48 Or.App. 665

STATE of Oregon, Appellant, v. Linus J. NIEDERMEYER, Respondent.

Court of Appeals of Oregon.

Decided October 13, 1980.

Attorney(s) appearing for the Case

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

William V. Bierek, Portland, argued the cause for respondent. With him on the brief was Dana R. Taylor, Portland.

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

THORNTON, Judge.

Defendant was charged by Uniform Traffic Citation Complaint with fleeing or attempting to elude a police officer. ORS 487.555.1

The trial court, on pretrial motion of defendant, dismissed the citation on the ground that the arrest was the fruit of an illegal search and seizure. The state appeals, assigning as error the following pretrial orders of the trial court:

1) Ordering dismissal of the citation,...

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