State v. Jacobsen

Defendant appeals from a judgment convicting him of being a felon in possession of a firearm, ORS 166.270. He assigns error to the denial of his motion to suppress evidence. We reverse.

The facts are undisputed. On October 5, 1993, at about 1:30 in the morning, Officer Baker, who was on routine patrol, noticed a pickup truck parked in the gravel parking lot of a public park’s little league baseball field. A city ordinance provided that all city parks close at sunset, so Baker decided to investigate. Baker drove toward the pickup with the patrol car spotlight on. When he was within 100 to 150…