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STATE v. THORNTON

CT 82-1392, CT 82-1396; CA A26186.

661 P.2d 555 (1983)

62 Or.App. 468

STATE of Oregon, Appellant, v. James B. THORNTON, Respondent.

Court of Appeals of Oregon.

Decided April 6, 1983.

Attorney(s) appearing for the Case

Robert E. Barton, 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.

Ronald K. Cox, Asst. Public Defender, Coquille, argued the cause and filed the brief for respondent.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

PER CURIAM.

The trial judge's ruling in this criminal case that a police officer's request to see defendant's driver's license, after the officer had pulled in behind defendant's apparently-disabled vehicle, was an impermissible "stop" of defendant is incorrect, as is the court's order suppressing evidence based upon that conclusion. See State v. Kennedy, 290 Or. 493, 497, 624 P.2d 99 (1981)...

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