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STATE v. BAKER

96-06-34469; CA A95208.

961 P.2d 913 (1998)

154 Or. App. 358

STATE of Oregon, Appellant, v. Anthony Craig BAKER, Respondent.

Court of Appeals of Oregon.

June 10, 1998.

Attorney(s) appearing for the Case

Douglas Zier argued the cause for appellant. On the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General, and David B. Thompson, Assistant Attorney General.

Louis R. Miles, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before De MUNIZ, P.J., and DEITS, C.J., and HASELTON, J.

HASELTON, Judge.

The state appeals from an order suppressing evidence. ORS 138.060(3). The trial court concluded that, in the totality of the circumstances, a police officer's remark to defendant, "So Craig, did you buy any good crack in there?" effected a stop. We disagree, and, consequently, reverse and remand.

The material facts, as found by the trial court, are undisputed. Shortly before noon on June 8, 1996, Portland Police Officer Zylawy was on patrol...

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