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STATE v. ELLIS

091034055; A145688.

287 P.3d 1215 (2012)

252 Or. App. 382

STATE of Oregon, Plaintiff-Appellant, v. Russell Everett ELLIS, aka Russell Everette Ellis, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 26, 2012.

Attorney(s) appearing for the Case

Jeff J. Payne , Assistant Attorney General, argued the cause for appellant. With him on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

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

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

ARMSTRONG, P.J.

This is a state's appeal of a pretrial order granting defendant's motion to suppress evidence. ORS 138.060(1)(c). Defendant was stopped after Portland police officers, some of whom were on the ground in patrol cars and another of whom was conducting aerial surveillance of the area, became suspicious that defendant had just committed a "car prowl."1 Defendant was ultimately charged with unauthorized use of a motor vehicle...

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