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STATE v. SCHAUSS

C88-02-32179; CA A51044.

788 P.2d 1035 (1990)

101 Or.App. 116

STATE of Oregon, Respondent, v. Daniel Ray SCHAUSS, Appellant.

Court of Appeals of Oregon.

Decided March 28, 1990.

Attorney(s) appearing for the Case

Sally L. Avera, Acting Public Defender, and Peter Gartlan, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Katherine H. Waldo, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

In this case tried to a jury, the state concedes that, under State v. Crawford, 91 Or.App. 597, 756 P.2d 68 (1988), the record contains insufficient facts to establish that the police had probable cause to arrest defendant. We agree that the motion to suppress should have been granted.

Because the issue is likely to arise on retrial, we also address defendant's other...

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