STATE v. LECARROS

00-06-47895; A113837.

66 P.3d 543 (2003)

187 Or. App. 105

STATE of Oregon, Respondent, v. David LECARROS, aka David Le Caros, Appellant.

Court of Appeals of Oregon.

Decided March 27, 2003.


Attorney(s) appearing for the Case

Michael A. Rees argued the cause for appellant. With him on the brief was Metropolitan Public Defender Services, Inc.

Robert M. Atkinson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and BREWER and SCHUMAN, Judges.


SCHUMAN, J.

Defendant appeals from his conviction for operating a boat while he was under the influence of intoxicants. He assigns error to the trial court's denial of his motion to suppress evidence seized by law enforcement officers after they stopped him, at random and without suspicion, to conduct a safety inspection. We reverse and remand.

The facts are few and undisputed. Three Multnomah County deputy sheriffs in a clearly marked police boat were patrolling...

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