State v. Finlay

Defendant appeals from his conviction, following a stipulated facts trial, of burglary in the second degree, ORS 164.215, and theft in the first degree, ORS 164.055. Defendant assigns error to the trial court’s denial of his motion to suppress and argues, inter alia, that one of the investigating officers effected an unlawful seizure and search in ordering defendant to get out of his car and then viewing the car’s interior through the open door, which, in turn, yielded evidence of the crimes. We reverse and remand.

Except as specifically noted, the following facts are uncontroverted. At about…