STATE of Oregon, Respondent on Review,
v.
Leslie Lee TOEVS, Petitioner on Review.
Supreme Court of Oregon, En Banc.https://leagle.com/images/logo.png
Argued and Submitted May 3, 1996.
Resubmitted March 3, 1997.
Decided September 24, 1998.
Attorney(s) appearing for the Case
Eric R. Johansen, Deputy Public Defender, Salem, argued the cause for Petitioner on review on May 3, 1996. Peter Gartlan, Deputy Public Defender, argued the cause on March 3, 1997, and filed a consolidated brief. With them on the briefs was Sally L. Avera, Public Defender.
Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for Respondent on review on May 3, 1996. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General. Timothy A. Sylwester, Assistant Attorney General, argued the cause on March 3, 1997, and filed a consolidated brief. With him on the brief were Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, Michael D. Reynolds, Assistant Solicitor General, and Robert M. Atkinson, Rives Kistler, and Eleanor E. Wallace, Assistant Attorneys General.
Thomas M. Christ, Portland, filed a consolidated brief on behalf of Amicus curiae ACLU Foundation of Oregon, Inc.
David G. Terry and David E. Groom, Salem, filed a consolidated brief on behalf of Amicus curiae Oregon Criminal Defense Lawyers Association.
Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN and DURHAM, JJ.
Supreme Court of Oregon, En Banc.
Consolidated and Reargued with State v. Cleveland (S41302) and State v. Fleetwood (S41311).
CARSON, Chief Justice.
This criminal case involves the application of ORS 810.410(3)(b) (1993),1 which sets forth the authority of a police officer during the course of investigating a traffic infraction. After denying defendant's motion to suppress evidence found during a traffic stop, the trial court convicted defendant of unlawful possession...
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