State v. Phillips

This is an appeal by the state from an order of the circuit court made prior to trial following a hearing on a preliminary motion. The court affirmed an order of the district court dismissing two traffic charges because the state there failed to establish the existence of probable cause for his arrest. The appeal is taken by the state pursuant to ORS 138.060(1). State v. Krey, 18 Or App 22, 523 P2d 600 (1974).

The issue presented by this appeal is a narrow one and arises from the following circumstances. Defendant was arrested at his home on July 27, 1973. Two uniform traffic citations were…