City of Lake Oswego v. Mylander

Does the Court of Appeals have jurisdiction of the plaintiffs appeal from a circuit court order allowing defendant’s motion to suppress evidence, where the plaintiff commenced prosecution in municipal court for violation of the state statute (former ORS 487.540), 1 which prohibits driving a vehicle while under the influence of intoxicants? We hold there is jurisdiction.

A police officer arrested defendant and charged him with the crime of driving while under the influence of intoxicants “in violation of State Statute ORS 487.540.” Defendant was cited to appear in the Municipal Court for the…