STATE v. OLAIZ

88-01-30523; CA A49378.

786 P.2d 734 (1990)

100 Or.App. 380

STATE of Oregon, Respondent, v. Jesus Valdez OLAIZ, Appellant.

Court of Appeals of Oregon.

Decided February 7, 1990.

Reconsideration Denied March 28, 1990.


Attorney(s) appearing for the Case

Brian P. Conry, Portland, argued the cause and filed the brief for appellant.

Michael Livingston, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

Defendant appeals his conviction for delivery of a controlled substance, ORS 475.992, assigning as error the trial court's denial of his motion to suppress. He challenges the validity of the traffic stop that led to seizure of the evidence on the grounds that it was not authorized under ORS 810.410 and that it was a "pretext stop," in violation of Article I, section 9, of the Oregon Constitution and the Fourth Amendment. We affirm.

We take...

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