State v. Norton

Defendant appeals a judgment of conviction for carrying a concealed weapon, ORS 166.240 (Count 1), and felon in possession of a restricted weapon, ORS 166.270 (Count 2). He challenges the trial court’s denial of his motion to suppress evidence found during a patdown search to which he consented. Defendant argues that the officer’s request to search came while defendant was “stopped” in violation of Article I, section 9, of the Oregon Constitution, and that the state failed to prove that the police did not exploit their illegal detention of defendant in violation of his constitutional rights.1…