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STATE v. FULLER

CV090511; A147286.

287 P.3d 1147 (2012)

252 Or. App. 245

STATE of Oregon, Plaintiff-Appellant, v. Edward J. FULLER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 12, 2012.

Attorney(s) appearing for the Case

Joanna L. Jenkins , Assistant Attorney General, argued the cause for appellant. With her on the opening brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General. With her on the reply brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Rankin Johnson, IV , Portland, argued the cause and filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and BREWER, Judge, and DUNCAN, Judge.

BREWER, J.

In this driving under the influence of intoxicants (DUII) case, the state appeals a pretrial order suppressing the results of a urine test, obtained without a warrant, disclosing that defendant had ingested a variety of controlled substances. See ORS 138.060(1)(c) (state may appeal pretrial order suppressing evidence). The trial court suppressed that evidence, relying on this court's decision in State v. Machuca, 231 Or.App...

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