STATE v. KOLENDAR

TC 88-12988; CA A60562.

786 P.2d 199 (1990)

100 Or.App. 319

STATE of Oregon, Appellant, v. Ronald Joseph KOLENDAR, Respondent.

Court of Appeals of Oregon.

Decided January 31, 1990.

Reconsideration Denied March 21, 1990.

Review Denied April 26, 1990.


Attorney(s) appearing for the Case

Michael C. Livingston, 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.

William Uhle, Portland, argued the cause for respondent. With him on the brief was Thuemmel & Uhle, Portland.

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


GRABER, Presiding Judge.

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals a pretrial order suppressing evidence, ORS 138.060(3), and we reverse.

Deputy Davis was investigating a party where minors were consuming alcohol. He learned that a person in a beige pickup truck had bought the alcohol for them. While in the house, he noticed a "lighter color" pickup drive by twice. It attracted his attention...

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