State v. Baker

The state appeals from an order suppressing evidence. ORS 138.060(3). The trial court concluded that, in the totality of the circumstances, a police officer’s remark to defendant, “So Craig, did you buy any good crack in there?” effected a stop. We disagree, and, consequently, reverse and remand.

The material facts, as found by the trial court, are undisputed. Shortly before noon on June 8, 1996, Portland Police Officer Zylawy was on patrol. He saw defendant, a known drug user with whom he had talked many times, coming out of the front door of a known “crack house.” Thinking that defendant may…