State v. Smalley

The state appeals, ORS 138.060(3), from orders suppressing evidence in two related prosecutions for possession of controlled substances, delivery of controlled substances, and, in one case, driving under the influence of intoxicants (DUII). The trial court concluded that the underlying arrest for DUII was not supported by objective probable cause. We disagree and reverse.

The material facts, as found by the trial court, are undisputed. On the evening of November 3, 1996, Clatsop County Deputy Sheriff Bergin was parked in an unmarked patrol car, with his headlights on, on the side of Crab…