STATE v. HENRY

No. 8004 1074t; CA A20891.

638 P.2d 1167 (1982)

55 Or.App. 503

STATE of Oregon, Appellant, v. Ray Tim HENRY, Respondent.

Court of Appeals of Oregon.

Decided January 11, 1982.


Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen. and William F. Gary, Sol. Gen., Salem.

James V.B. Delapoer, Albany, argued the cause for respondent. With him on the brief were F. James Healy, and Long, Post, Delapoer & Koos, P.C., Albany.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


RICHARDSON, Presiding Judge.

In this criminal action for driving under the influence of intoxicants, the state appeals a pretrial order suppressing evidence. The issue is whether the police officer lawfully stopped the vehicle in which defendant was a passenger.1 We affirm.

The facts, which are not in dispute, are taken from the court's written order:

"At approximately 3:14 am, Wendell Jegglie, a Linn County Deputy Sheriff...

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