State v. Glenn

NEWMAN J.

Defendant appeals his conviction for unlawful possession of a weapon. ORS 166.150. He assigns as error that the court denied his motion to suppress evidence, including the gun which is the basis of the charge for which he was convicted. We reverse.

On January 24, 1986, at 10:00 p.m., officer Ragland saw defendant’s van near an area in which he had been investigating a prowler call. Ragland, who testified that he was “mainly just curious” about defendant’s presence in the neighborhood, ordered him to pull his van over to the side of the road and stop. Ragland saw defendant lean over…