STATE v. FUGATE

96-0660-C; A96628.

47 P.3d 904 (2002)

181 Or. App. 530

STATE of Oregon, Appellant, v. Steven Glen FUGATE, Respondent.

Court of Appeals of Oregon.

Decided May 29, 2002.


Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General, and Kaye E. Sunderland, Assistant Attorney General, for appellant.

Sally L. Avera, Public Defender, and Anne Morrison, Deputy Public Defender, for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


LANDAU, P.J.

Defendant was charged with driving under the influence of intoxicants. The trial court granted defendant's motion to suppress evidence of defendant's impairment on the ground that the arresting officer exceeded the permissible scope of an investigation authorized by ORS 810.410 during traffic stops. The state appealed, arguing that the officer lawfully obtained the evidence of defendant's impairment, and, even if he did not, the evidence remained admissible...

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