Legal Opinion

City of Portland v. Poindexter

Court of Appeals of Oregon

Decided February 20, 1979No. DA 133015, CA 11259PublishedCited by 8 opinions

1Opinion of the CourtGillette, J.

Defendant appeals his conviction of violating a Portland city ordinance which prohibits carrying a loaded firearm. (Portland City Code, Section 14.32.010).

The first issue before us is whether this court has jurisdiction over the appeal. We conclude that we do. The second issue is whether the trial court was correct in denying defendant’s motion to suppress the weapon he was accused of unlawfully carrying. We conclude the trial court erred.

Defendant was stopped by two peace officers for a Class B traffic infraction. According to the testimony of one of the officers, the defendant began yelling…

2Cases cited3 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. City of Salem v. PolanskiOregon Supreme Court · 1954
  3. State v. KingsleyCourt of Appeals of Oregon · 1974

3Cited by8 opinions

  1. State v. GilchristSupreme Court of Minnesota · 1980
  2. State v. TurechekCourt of Appeals of Oregon · 1985
  3. Hunter v. State of OregonCourt of Appeals of Oregon · 1987
  4. City of Portland v. ElstonCourt of Appeals of Oregon · 1979
  5. City of Klamath Falls v. WintersCourt of Appeals of Oregon · 1979

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