State v. Onstad

The majority reverses the trial court because it concludes that, based on the totality of the circumstances, the officer did not stop defendant before defendant moved the small white bindle from his pocket to his waistband. I believe that the officer stopped defendant before defendant moved the bindle, but because the stop was based on reasonable suspicion, I concur with the majority’s result.

Under ORS 131.605(5), “[a] ‘stop’ is a temporary restraint of a person’s liberty by a peace officer lawfully present in any place.” A person is stopped when, considering the totality of the…