Legal Opinion

State v. Bese

Court of Appeals of Oregon

Decided December 5, 2018No. A163144PublishedCited by 1 opinion

1Opinion of the CourtPowers, J.

*255Defendant appeals from a judgment of conviction for carrying a concealed weapon, ORS 166.240, and felon in possession of a restricted weapon, ORS 166.270(2), asserting that the trial court erred by denying his motion to suppress. As explained below, we agree with defendant that the officer stopped him unlawfully when the officer took defendant's knife from his waistband, placed it on the hood of the patrol car, and continued to question him about possession of drugs without having reasonable suspicion. Accordingly, we reverse and remand.

We review the denial of a motion to suppress for errors…

2Cases cited12 opinions

  1. Ball v. GladdenOregon Supreme Court · 1968
  2. State v. AshbaughOregon Supreme Court · 2010
  3. State v. Maciel-FigueroaOregon Supreme Court · 2017
  4. State v. BackstrandOregon Supreme Court · 2013
  5. State v. HighleyOregon Supreme Court · 2013

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3Cited by1 opinion

  1. State v. AlmahmoodCourt of Appeals of Oregon · 2021

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