State v. Davenport

In our decision in State v. Davenport, 272 Or App 725, 357 P3d 514 (2015), we concluded that the trial court erred in denying defendant’s motion to suppress evidence obtained as a result of a law enforcement officer’s warrant-less removal of a small object from defendant’s pocket. As explained in our previous opinion, during the course of a traffic stop, the officer learned that defendant had a BB gun inside his vehicle. Thereafter, the officer ordered defendant from his vehicle, took him about 10 feet away, and patted him down. During the pat down, he felt an object that was, according to…