STATE v. TALLMAN

J83-2765; CA A31396.

712 P.2d 116 (1985)

76 Or.App. 715

STATE of Oregon, Appellant, v. John D. TALLMAN, Respondent.

Court of Appeals of Oregon.

Decided December 11, 1985.


Attorney(s) appearing for the Case

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

The state appeals a pretrial order suppressing evidence found during a warrantless search of defendant's motor vehicle. We affirm.

A Douglas County Deputy Sheriff saw defendant and a companion sitting in the front seat of a car parked in an unlighted area of a parking lot. The men appeared to become nervous and to make furtive movements on becoming aware of the deputy's presence. To the deputy, it appeared that they were reaching...

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