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STATE v. SMALLEY

96-1430, 96-1429; CA A97317 (Control), A97339.

965 P.2d 419 (1998)

156 Or. App. 325

STATE of Oregon, Appellant, v. Abraham SMALLEY, Respondent. STATE of Oregon, Appellant, v. Maria Tierra YAWS, Respondent.

Court of Appeals of Oregon.

Decided September 30, 1998.

Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, argued the cause for Appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

David C. Degner, Deputy Public Defender, argued the cause for Respondents. With him on the brief was Diane L. Alessi, Interim Public Defender.

Before De MUNIZ, P.J., and HASELTON and WOLLHEIM, JJ.

HASELTON, Judge.

The state appeals, ORS 138.060(3), from orders suppressing evidence in two related prosecutions for possession of controlled substances, delivery of controlled substances, and, in one case, driving under the influence of intoxicants (DUII). The trial court concluded that the underlying arrest for DUII was not supported by objective probable cause. We disagree and reverse.

The material facts, as found by the trial court, are undisputed. On...

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