STATE v. WRIGHT

DC 90D-106823; CA A68328; SC S39281.

843 P.2d 436 (1992)

315 Or. 124

STATE of Oregon, Respondent on Review, v. Billy J. WRIGHT, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided December 24, 1992.


Attorney(s) appearing for the Case

Walter J. Todd, Salem, argued the cause and filed the petition for petitioner on review.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the responses were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.


GRABER, Justice.

We decide two questions in this case. (1) In ruling on a pretrial motion to suppress evidence in a criminal case, based on an allegedly illegal search or seizure, is a trial court bound by the rules of evidence relating to the admissibility of hearsay? We answer that question "no." (2) Was an out-of-court statement that an officer "observed" defendant, who was driving, to be "very visibly intoxicated" sufficient to allow a reasonable trier of fact...

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