State v. Parker

This case is on remand from the Oregon Supreme Court for a second time. For the reasons explained below, we now conclude that, because defendant was not seized for purposes of Article I, section 9, of the Oregon Constitution,1 the trial court did not err in denying defendant’s motion to suppress. Accordingly, we affirm.

In our original opinion, we vacated the trial court’s denial of defendant’s motion to suppress evidence found during the search of defendant’s person and remanded the case to the trial court for reconsideration in light of our decision in State v. Ashbaugh, 225 Or App 16, 200…