State v. Hageman

Defendant appeals his convictions on two counts of possession of a controlled substance (heroin and cocaine). ORS 138.020. He contends that the trial court erred in denying his motion to suppress evidence seized in a warrantless search of his knapsack. We reverse.

The issues are: Was there a valid “stop,” as the trial court found, based on “reasonable suspicion” in accordance with ORS 131.615? If not, was the search nevertheless permissible by reason of defendant’s consent?

In late May, 1980, 2 six men escaped from Rocky Butte Jail. Officer Goss was assigned to the investigation of two of the…