State v. Backstrand

The trial court erred in denying suppression, but not for the reasons advanced by Judge Rosenblum in the lead opinion. Our dispute turns on the timing of the operative “stop.”1

The lead opinion rests on the premise that the stop did not occur until Deputy Gerba actually contacted dispatch. See 231 Or App at 628 (characterizing Gerba’s call to dispatch as “the very act that effected the stop”). However, as amplified below, if the stop began at that point, there would be no basis for suppression under State v. Hall, 339 Or 7, 115 P3d 908 (2005), because no inculpatory information was obtained…