State v. Weist

The state appeals a Lane County Circuit Court order granting defendant’s motion to suppress evidence. The issue is the same as that considered by this court in a companion case, State v. Weist, 79 Or App 435, 720 P2d 753 (1986), in which defendant appealed a Linn County Circuit Court order denying an identical motion to suppress. The question is whether a search warrant may issue for the investigation of the offense of illegal registration of a motor vehicle, a Class C traffic infraction. ORS 481.130.1 We held in defendant’s earlier appeal that, although an infraction is not a “crime,” it is…