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STATE v. NEWTON

A157145.

398 P.3d 390 (2017)

286 Or.App. 274

STATE of Oregon, Plaintiff-Appellant, v. Lance Paul NEWTON, Defendant-Respondent.

Court of Appeals of Oregon.

June 14, 2017.

Attorney(s) appearing for the Case

David B. Thompson , Assistant Attorney General, Portland, argued the cause for appellant. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Morgen E. Daniels , Deputy Public Defender, argued the cause for respondent. With her on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge pro tempore.

The state appeals from a trial court order suppressing evidence that the state obtained after an officer walked up a private driveway late at night and questioned defendant and his girlfriend, who were sitting in a parked van. The state challenges the trial court's conclusion that defendant was stopped for the purposes of...

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