State v. Rudnitskyy

The majority concludes that Deputy Sheriff Schoenfeld stopped defendant when he ordered defendant to place his hands on the Subaru’s dashboard “in direct response to defendant’s attempt to hide the contents of his hands” and determines that Schoenfeld had reasonable suspicion to support the stop. 266 Or App at 564. Because I dispute the point at which the stop occurred, I conclude that *566Schoenfeld lacked reasonable suspicion to support the stop. Accordingly, I dissent.

I begin by noting several significant facts. At the suppression hearing, Schoenfeld testified that, while working the day…