State v. Ayvazov

As in State v. Rayburn, 246 Or App 486, 266 P3d 156 (2011), the state appeals from an order suppressing incriminating statements and other evidence obtained after defendant was arrested for unauthorized use of a vehicle. ORS 164.135(l)(a). The trial court agreed with defendant that the arrest was unlawful because one element of that crime is knowledge that the use is, in fact, unauthorized, and the arresting officers did not have probable cause to believe that defendant had such knowledge. In a cross-assignment of error, defendant contends that the evidence was correctly suppressed because he…