State v. Williamson

Despite the majority’s breathless incantation of Pooler v. MVD, 306 Or 47, 755 P2d 701 (1988), it commits the very same error Pooler attacked. It is also inconsistent with other precedent. Accordingly, I dissent.

In Pooler, the Supreme Court stated:

*431“Without discussion, the Court of Appeals concluded that the arrest in this case was invalid because the stop was invalid. Pooler v. MVD, supra, 88 Or App [475] at 478-79[, 746 P2d 716 (1987)]. That approach, however, begs the question. An arrest is not invalid simply because a stop is somehow unlawful; an arrest is invalid if it follows as a…