State v. Blevins

I agree with the majority’s disposition of defendant’s cross-assignment of error, because I agree that the frisk was lawful. I dissent, however, from the decision to reverse the order suppressing evidence of the contents of the container, because the majority applies the wrong test to determine the legality of the seizure of the container. The correct test requires suppression of that evidence, as the trial court held.

ORS 131.625 is the source of authority for a police officer to frisk for weapons a person whom the officer has stopped.1 See State v. Lumpkin, 133 Or App 265, 269-70, 891 *247P2d…