STATE v. BRAUKMAN

D094352T; A145523.

265 P.3d 28 (2011)

246 Or. App. 123

STATE of Oregon, Plaintiff-Appellant, v. Travis Allen BRAUKMAN, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 19, 2011.


Attorney(s) appearing for the Case

Leigh A. Salmon , Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

John J. Tyner III argued the cause and filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


WOLLHEIM, J.

The state appeals from the trial court's pretrial order granting defendant's motion to suppress evidence of defendant's intoxication discovered after an officer issued defendant traffic citations. The state argues that, under the totality of the circumstances, the officer who stopped defendant for traffic violations had reasonable suspicion that defendant was driving under the influence of intoxicants and, therefore, the officer had a basis for asking...

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