State v. Dupay

The majority opinion states:

“* * * Because we find that the warrantless seizure of defendant’s shoulder bag at the Portland airport in connection with the stop was unlawful, the motion to suppress should have been allowed, and we reverse. 62 Or App at 800.

“Even assuming Terry [v. Ohio, 392 US 1, 88 S Ct 1868, 20 L Ed 2d 889 (1968)] permits a brief detention of property other than dangerous weapons in connection with stops based on reasonable suspicion, the prolonged seizure of defendant’s shoulder bag cannot be upheld. See United States v. Place, 660 F2d 44 (2d Cir 1981), cert granted 457 US…