State v. Walp

Defendant appeals her conviction for driving under the influence of intoxicants. ORS 487.540. She assigns as error the denial of her motion to suppress. She relies on ORS 131.615 and the state and federal Constitutions. We determine that defendant was unlawfully stopped within the meaning of ORS 131.615 and reverse.

Shortly after midnight, two deputy sheriffs responded to a complaint about a party in a subdivision south of Bend. When the officers arrived, they saw a Volkswagen leave the area. The officers completed their investigation and, as they prepared to leave, the Volkswagen returned to…