State v. Eastman

The trial court suppressed the evidence of defendant’s intoxication, which a deputy sheriff had discovered during a stop of defendant’s truck, and then dismissed the case. Pursuant to ORS 138.060(l)(c), the state appeals the order suppressing evidence and, pursuant to ORS 138.060(l)(a), it appeals the dismissal. The appeal turns on whether the trial court correctly concluded that the deputy lacked reasonable suspicion that defendant had thrown a cigarette out of his window and thereby committed the crime of throwing lighted material, ORS 476.715.1 We affirm.

The facts presented at the…