State v. Manivong

In this prosecution for unlawful possession of a firearm, the state appeals a pretrial order suppressing evidence that was obtained in violation of ORS 810.410.1 We conclude that the trial court erred and, accordingly, reverse and remand.

Before trial, defendant filed a motion to suppress the evidence, contending that it was obtained in violation of ORS 810.410, Article I, section 9, of the Oregon Constitution, and the Fourth Amendment to the United States Constitution. The court ruled that the officer’s inquiry exceeded the permissible scope of the stop, rendering the evidence inadmissible…