State v. Suter

This case returns to us on remand from the Supreme Court for reconsideration in light of State v. Fugate, 332 Or 195, 26 P3d 802 (2001). In our original opinion, we reversed the entry of an order suppressing evidence obtained during a traffic stop. State v. Suter, 157 Or App 107, 969 P2d 1035 (1998). In light of Fugate, we now affirm that order.

The relevant facts are set out in detail in our original opinion. Suter, 157 Or App at 109-10. Briefly stated, on June 2, 1995, an officer stopped defendant to investigate a traffic infraction. During the stop, the officer asked defendant for…