STATE v. BURGHOLZER

C0002-30949; A112648.

59 P.3d 582 (2002)

185 Or.App. 254

STATE of Oregon, Appellant, v. Frank BURGHOLZER, Respondent.

Court of Appeals of Oregon.

Decided December 11, 2002.


Attorney(s) appearing for the Case

Ann Kelley, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Ingrid A. MacFarlane, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Public Defender.

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


DEITS, C.J.

The state appeals from an order suppressing evidence of methamphetamine found by a police officer during the course of a traffic stop. The state contends that the trial court erred because the evidence was admissible under the search incident to arrest exception to the warrant requirement. We review for errors of law and reverse and remand.

The facts are not in dispute. On February 17, 2000, Officer Durbin stopped defendant for speeding. Upon approaching...

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