State v. Rater

Defendant was convicted of burglarizing a tavern in Washington county and appeals. The folio-wing facts present the issue on appeal:

In the early morning of December 24, 1967, defendant was observed by two patroling Tigard police officers on an overpass on State Highway 217 somewhere near Tigard. When the officers saw defendant at this point and at that time they had no reason to suspect him of any offense or of any misconduct. However, they stopped their patrol car and questioned deféndant as to what he was doing there at that time, they inquired of his identity and made radio communication…