STATE v. RATLIFF

TC M-85-1546; CA A38813; SC S33549.

744 P.2d 247 (1987)

304 Or. 254

STATE of Oregon, Respondent On Review, v. Donald Michael RATLIFF, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided October 20, 1987.


Attorney(s) appearing for the Case

Enver Bozgoz, Klamath Falls, argued the cause and filed the brief for petitioner on review.

David Schuman, Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.


CAMPBELL, Justice.

We accepted review of this case to determine whether the defendant in the present criminal case may preclude the state from relitigating the issue of whether his stop and arrest were valid when an administrative hearings officer in the Motor Vehicles Division (DMV) had previously held the arrest and stop invalid. We hold that the procedure used in this type of administrative hearing provides an insufficient...

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