State v. Maciel

Defendant appeals a judgment of conviction for unlawful possession of methamphetamine, ORS 475.894, arguing that the trial court erred in denying his motion to suppress drug-related evidence obtained during an unlawful stop. We review for legal error whether a police officer’s interaction with an individual amounts to an unlawful seizure under Article I, section 9, of the Oregon Constitution. State v. Smith, 252 Or App 518, 519, 287 P3d 1210 (2012). We conclude that the drug-related evidence should have been suppressed and, accordingly, reverse and remand.

The relevant facts are undisputed.…