STATE v. WIGHT

No. 6339; CA 16425.

617 P.2d 928 (1980)

48 Or.App. 731

STATE of Oregon, Appellant, v. Michael Dean WIGHT, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted on Record and Briefs October 6, 1980.

Decided October 13, 1980.


Attorney(s) appearing for the Case

William F. Gary, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and Robert C. Cannon, Asst. Atty. Gen., Salem.

Edwin N. Storz, Hermiston, argued the cause for respondent. With him on the brief was Dennis R. Ingram, Hermiston.


Resubmitted In Banc on Record and Briefs October 6, 1980.

BUTTLER, Judge.

The state appeals from an order suppressing contraband seized from defendant's automobile, in which he was a passenger, following a valid stop for a traffic infraction. The question is whether the arresting officer's behavior following the stop was overly intrusive, thereby exceeding the permissible scope of inquiry relating to the traffic reason for the stop. The trial court held that...

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