State v. Anderson

The majority holds that defendant was stopped when officers approached him and his companion as they were seated in a parked car and asked them to identify themselves. For the reasons expressed below, I disagree with the majority’s holding.

In his first assignment of error, defendant, the passenger in the parked car, argues that the trial court erred in denying his pretrial motion to suppress evidence that he claims was seized from the car in violation of Article I, section 9, of the Oregon Constitution and the Fourth Amendment to the United States Constitution.1 At the hearing on the motion…