STATE v. VANDEHEY

8509-1914; CA A38046.

731 P.2d 1049 (1987)

83 Or.App. 325

STATE of Oregon, Appellant, v. Cindy Alice VANDEHEY, Respondent.

Court of Appeals of Oregon.

Decided January 28, 1987.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Daniel R. Murphy, Lebanon, argued the cause for respondent. With him on brief was Baisinger & Murphy, Lebanon.

Before WARDEN, P.J., and JOSEPH, C.J., and YOUNG, J.


JOSEPH, Chief Judge.

The state appeals an order suppressing evidence seized from defendant's car after an accident. The trial court held that the search was illegal, because probable cause and exigent circumstances did not exist.1 We agree and affirm.

While defendant was driving home from the beach, she apparently attempted to pass a car and lost control when she swerved to avoid a collision with an oncoming car. A deputy sheriff...

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