State v. Rayburn

The state appeals an order suppressing incriminating statements and other evidence obtained after defendant was arrested for unauthorized use of a vehicle. ORS 164.135(l)(a). The court agreed with defendant that the arrest was unlawful because one element of that crime is knowledge that the use is, in fact, unauthorized, and the arresting officers did not have probable cause to believe that defendant had that knowledge. We agree with the state that defendant’s arrest was lawful and conclude that the trial court erred in suppressing the statement and evidence. We therefore reverse and remand.

Th…