Zachary Lovett Mazer , Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.
Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.
Court of Appeals of Oregon.
SCHUMAN, P.J.
As in State v. Rayburn,246 Or.App. 486, 266 P.3d 156 (2011), the state appeals from an order suppressing incriminating statements and other evidence obtained after defendant was arrested for unauthorized use of a vehicle. ORS 164.135(1)(a). The trial court agreed with defendant that the arrest was unlawful because one element of that crime is knowledge that the use is, in...
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