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STATE v. KELLY

07048406C; A135971.

206 P.3d 1098 (2009)

227 Or. App. 553

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

Court of Appeals of Oregon.

Decided April 22, 2009.

Attorney(s) appearing for the Case

Anna M. Joyce, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Rebecca A. Duncan, Chief Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

LANDAU, P. J.

In this prosecution for driving under the influence of intoxicants (DUII), the state appeals a pretrial order granting defendant's motion to suppress evidence obtained after what the trial court deemed to be an unlawful traffic stop. We reverse and remand.

The relevant facts are undisputed. Late one night, a police officer saw defendant pull up to a stop sign and come to a complete stop. The officer then saw defendant activate his right turn...

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