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STATE v. HIGLEY

061079; A138449.

237 P.3d 875 (2010)

236 Or. App. 570

STATE of Oregon, Plaintiff-Respondent, v. Troy Lee HIGLEY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 11, 2010.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Ryan T. O'Connor, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Janet A. Metcalf, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

A Columbia County deputy sheriff stopped defendant for driving a pickup truck "so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle." ORS 815.025(1). During the stop, the deputy developed probable cause to believe that defendant was guilty of driving under the influence of intoxicants (DUII) and driving while his license was revoked. At trial, defendant moved to suppress the evidence discovered...

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