State v. Kusaj

The state appeals from a pretrial order suppressing evidence. ORS 138.060(3). The trial court concluded that the stopping officer’s observations of defendant’s driving did not support an objectively reasonable suspicion that defendant was driving under the influence of intoxicants (DUII), ORS 813.010, and, therefore, the stop was unlawful. We reverse and remand.

We present the facts consistently with the trial court’s findings. Ball v. Gladden, 250 Or 485, 487, 443 P2d 621 (1968). Officer Evan was traveling behind defendant while driving southbound on Highway 97 in Madras at approximately 4:00…