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State v. Ordner

Summarized by: 

Date Filed: 09-26-2012
Case #: A147508
Brewer, J. for the Court; Armstrong, P.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A147508.pdf

Criminal Procedure: A motion to suppress evidence is properly denied when the record sufficiently establishes that a police officer had probable cause for a traffic stop.

Defendant appealed his convictions for possession of marijuana and DUII. Defendant was pulled over for a traffic violation and subsequently arrested on the charged offenses. He argued that the trial court incorrectly denied his motion to suppress evidence arising from a traffic stop. Defendant argued that the State failed to meet its burden of proof in showing that the arresting officer had probable cause for the initial stop. The Court of Appeals held that probable cause had been adequately met on the record due to video evidence that was supplied at the trial court. Thus, Defendant's motion to suppress was properly denied. Affirmed.