State v. DeAngelo

Defendant was charged with four counts of unlawful purchase of food fish. ORS 509.011. The state seeks reversal of a pretrial order dismissing the indictment. We reverse.

The facts are not in dispute. In response to reports that sport-caught salmon 1 were being sold illegally to caterers and restaurants, Oregon State Police (OSP) began an undercover operation in May, 1989. Officers contacted 73 caterers and restaurants, including defendant, whose names they selected from the yellow pages of the Portland telephone directory. OSP had no information that anyone that they contacted had made…