State v. Radtke

This case is before us on remand from the Supreme Court for reconsideration in light of State v. Ashbaugh, 349 Or 297, 244 P3d 360 (2010). In our first opinion, we held that a police officer unlawfully stopped defendant if she believed that her freedom had been significantly impaired when, without suspicion that she was involved in criminal activity, the officer asked for and received her name and date of birth, wrote that information in a notebook, asked her if she was carrying anything illegal, and, when she said that she was not, asked for and received consent to search her. Defendant…