STATE v. COLE

86-0532, 86-0531; CA A42363.

741 P.2d 525 (1987)

87 Or.App. 93

STATE of Oregon, Appellant, v. Jeff Allen COLE, Robin Ronald HOOD, Respondents.

Court of Appeals of Oregon.

Decided August 26, 1987.

Reconsideration Denied October 2, 1987.

Review Denied October 27, 1987.


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 Virginia L. Linder, Sol. Gen., Salem.

John Daugirda, Deputy Public Defender, Salem, argued the cause for respondents. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and ROSSMAN, JJ.


VAN HOOMISSEN, Judge.

Defendants were charged with possession of a controlled substance. ORS 475.992. The state appeals from a trial court order allowing defendants' motions to suppress. ORS 138.060(3). The dispositive issue is whether the police had probable cause to arrest defendants. We conclude that they did and reverse.

During the evening of April 25, 1986, Officer Janin and Officer Rhodes, a trainee, were on patrol on Farmington Road in Beaverton. They...

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