STATE v. CRUZ-AGUIRRE

95CR3094FE; A97471.

40 P.3d 560 (2002)

179 Or. App. 546

STATE of Oregon, Appellant, v. Froylan CRUZ-AGUIRRE, Respondent.

Court of Appeals of Oregon.

Decided February 13, 2002.


Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, for appellant.

Sally L. Avera, Public Defender, and Diane L. Alessi, Deputy Public Defender, for respondent.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.


PER CURIAM.

The state appeals a trial court order suppressing evidence in this prosecution for delivery and possession of a controlled substance. The trial court held that the officer violated ORS 810.410(3)(b) before he obtained defendant's consent to a search of his vehicle. We originally reversed the order of suppression on the ground that, under ORS 136.432, a violation of ORS 810.410(3)(b) does not lead to the suppression of evidence obtained as a result of the...

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