State v. Senn

Defendant appeals from a judgment of conviction for unlawful possession of a firearm, ORS 166.250, following a court trial on stipulated facts. He argues, inter alia, that the trial court erred in denying his motion to suppress evidence obtained at the time of his arrest. We reverse.

On March 26, 1995, Beaverton police officer Cumi-ford stopped a vehicle in which defendant was a passenger because the driver and defendant were not wearing seat belts. As Cumiford approached the car, he saw defendant move his upper torso towards the floor board. He then asked the driver and defendant for…