STATE v. GERRISH

CR8702424; CA A46559.

773 P.2d 793 (1989)

96 Or.App. 582

STATE of Oregon, Appellant, v. James William GERRISH, Respondent.

Court of Appeals of Oregon.

Decided May 17, 1989.

Reconsideration Denied July 14, 1989.


Attorney(s) appearing for the Case

Rives Kistler, 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.

Craig D. White, Portland, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and JOSEPH, C.J., and DEITS, J.


DEITS, Judge.

The state appeals the trial court's grant of defendant's pre-trial motion to suppress evidence obtained during a police roadblock. The issue is whether an emergency roadblock set up to apprehend a fleeing felon violated defendant's rights under the state and federal constitutions. We hold that, under the circumstances of this case, it did not. Accordingly, we reverse.

On September 6, 1987, at 10:10 p.m., an armed robbery and shooting occurred...

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