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STATE v. MATHEWS

No. 80-10076; CA A21012.

639 P.2d 705 (1982)

55 Or.App. 708

STATE of Oregon, Appellant, v. David Scott MATHEWS, Respondent.

Court of Appeals of Oregon.

Decided January 25, 1982.

Attorney(s) appearing for the Case

J. Pat Horton, Dist. Atty. and Frank R. Papagni, Jr., Asst. Dist. Atty., Eugene, filed the brief for appellant.

No appearance for respondent.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

Submitted on Record and Appellant's Brief August 10, 1981.

VAN HOOMISSEN, Judge.

The state appeals a trial court order suppressing tape-recorded statements made by defendant after he was arrested for driving under the influence of intoxicants.

The trial court found:

"That as Defendant was being placed under arrest, he demanded that a tape recorder being operated by the arresting officer be turned off. The officer did not directly respond to...

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