State v. Adams

The state appeals, contending that the trial court erred in dismissing its theft complaint. See ORS 135.755. 1 We agree and reverse.

The facts are essentially uncontradicted. Defendant was suspected of shoplifting from a department store. Hikade, a store security guard, saw her in the store with a necktie in her hand, then saw her leave the store. The necktie was not found in the area where she had been observed. Hikade and Debaw, another store security guard, contacted her outside the store at about 1:40 p.m. They identified themselves as security guards and asked her to accompany them back…