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STATE v. TAYLOR

95CR1189; CA A90762.

950 P.2d 930 (1997)

151 Or. App. 687

STATE of Oregon, Appellant, v. Laynette TAYLOR, Respondent.

Court of Appeals of Oregon.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Mary M. Reese, Deputy Public Defender, argued the cause for respondent. With her on the brief was Sally L. Avera, Public Defender.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

ARMSTRONG, Judge.

The state appeals from a pretrial suppression order excluding evidence obtained in a search conducted during a traffic stop. We conclude that the search violated ORS 810.410(3) and, therefore, that the trial court correctly suppressed the evidence.

The relevant facts found by the trial court are as follows. State Trooper Klepp was on patrol in Coos Bay when he saw a person driving a car that had a defective headlight, which is a traffic infraction...

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