State v. Baldwin

*725GILLETTE, P. J.

Plaintiff appeals his conviction for carrying a concealed weapon, ORS 166.240, asserting that the trial court erred in refusing to suppress evidence of a hunting knife taken from him while he was detained for the issuance of a citation for possession of less than one ounce of marijuana. ORS 475.992(4)(f). He argues that the officer had no authority to frisk or search him for weapons. We reverse and remand.

Officer Igo, who was in plain clothes, saw defendant sitting in a downtown Portland bus shelter with a girlfriend. Defendant took a brass pipe with a red stem from one pocket…