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STATE v. STARR

86P-3157; CA A41493.

754 P.2d 618 (1988)

91 Or.App. 267

STATE of Oregon, Appellant, v. Michael Tony STARR, Respondent.

Court of Appeals of Oregon.

Decided May 18, 1988.

Attorney(s) appearing for the Case

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Lawrence J. Hall, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Defendant is charged with driving while suspended. ORS 811.175. The state appeals the court's order granting defendant's pretrial motion to suppress all evidence gained as a result of an allegedly unlawful stop. We affirm.

At approximately 3 a.m., Oregon State Police Officer Lushenka observed what appeared to be an abandoned car parked on the shoulder of Highway 22. He parked his police car behind it and checked the license number through the...

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