State v. Soto

Defendant appeals a judgment of conviction for unlawful possession of a firearm, ORS 166.250, arguing that the trial court erred in denying his motion to suppress evidence obtained as a result of an unlawful seizure and the subsequent search of defendant’s pants pocket. We disagree with defendant’s premise that he was unlawfully seized, and, accordingly, we affirm.

We review a court’s denial of a motion to suppress for legal error and defer to the court’s findings of historical fact if there is evidence to support them. State v. Mitchele, 240 Or App 86, 88, 251 P3d 760 (2010). So far as the…