State v. Porter

Defendant’s first motion to suppress was granted by the trial court and reversed by this court in State v. Porter, 31 Or App 229, 570 P2d 111 (1977) rev den (1978). He was then convicted of criminal activity in drugs and he appeals. He assigns as error the trial court’s denial of his renewed motion to suppress.

In the first appeal we held that the police officer’s contact with defendant and request for identification did not constitute a stop as defined in ORS 131.605(5), thus mooting the question whether the officer had reasonable suspicion of criminal activity. The facts are set out in that…