STATE v. DAMPIER

CM0920035; A142285.

260 P.3d 730 (2011)

244 Or. App. 547

STATE of Oregon, Plaintiff-Appellant, v. Earnest Juna DAMPIER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 27, 2011.


Attorney(s) appearing for the Case

Samuel A. Kubernick , Assistant Attorney General, argued the cause for appellant. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Erik Blumenthal , Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge pro tempore.


SERCOMBE, P.J.

The state appeals a pretrial order suppressing all evidence discovered after defendant, the backseat passenger in a parked car, was stopped by police officers who suspected that he was engaged in a drug transaction. ORS 138.060(1)(c). The trial court concluded that the stop was not supported by reasonable suspicion. The state argues that, under the totality of the circumstances, the officer had an objectively reasonable belief that defendant was engaged...

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