State v. Warren

This is a state’s appeal in a criminal case. See ORS 138.060(1)(c) (providing for state’s appeal from pretrial order suppressing evidence). The state argues that the trial court erred in granting defendant’s motion to suppress evidence obtained during an interaction between police officers and defendant. We review pretrial orders suppressing evidence for legal error, and we are bound by the trial court’s findings of historical fact if they are supported by evidence in the record. State v. Ehly, 317 Or 66, 74-75, 854 P2d 421 (1993). Under Ball v. Gladden, 250 Or 485, 487, 443 P2d 621 (1968),…