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STATE v. COTTRELL

030140943, A127903.

168 P.3d 1200 (2007)

215 Or. App. 276

STATE of Oregon, Plaintiff-Appellant, v. Christopher COTTRELL, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 26, 2007.

Attorney(s) appearing for the Case

Joanna L. Jenkins, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Kristin A. Carveth, Deputy Public Defender, argued the cause for respondent. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ROSENBLUM, J.

The state appeals from an order suppressing evidence after a hearing on defendant's motion to suppress. ORS 138.060(1)(c). The trial court concluded that defendant was stopped without reasonable suspicion when an officer approached the parked vehicle in which defendant was sitting and asked him if he had been drinking. The trial court also concluded that defendant was arrested without probable cause when the officer left defendant with another officer...

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