State v. Hall

*9CARSON, C. J.

In this criminal case, we decide two questions. First, under the circumstances at issue here, did the police encounter with defendant constitute an unlawful “stop” under ORS 131.615(1) (1995) and, consequently, also an unlawful “seizure” under Article I, section 9, of the Oregon Constitution?1 Second, if so, did that unlawful stop vitiate defendant’s consent to the subsequent search of his person?

The state charged defendant with possession of amphetamine, ORS 475.992(4)(b), based upon evidence that a police officer had seized during a consent search of defendant’s person. The…