State v. Kolb

Defendant appeals her conviction for possession of a controlled substance (methamphetamine), ORS 475.894, assigning error to the denial of her motion to suppress evidence of that offense. She contends that that evidence was obtained as the result of an unlawful seizure of her person following a traffic stop of a car in which she was a passenger. As explained below, we conclude that defendant was unlawfully seized in that, as of the time of the stop, the totality of the circumstances did not support reasonable suspicion that defendant possessed methamphetamine. Accordingly, we reverse and…