State v. Starr

Defendant is charged with driving while suspended. ORS 811.175. The state appeals the court’s order granting defendant’s pretrial motion to suppress all evidence gained as a result of an allegedly unlawful stop. We affirm.

At approximately 3 a.m., Oregon State Police Officer Lushenka observed what appeared to be an abandoned car parked on the shoulder of Highway 22. He parked his police car behind it and checked the license number through the MVD computer to determine whether it was stolen; it was not. Defendant, who had been asleep, got out and stood by the car. Lushenka approached him and…