State v. Penney

Defendant appeals his conviction on two counts of possession of a controlled substance. He assigns as error the trial court’s denial of his motion to suppress evidence that he contends was seized after an unlawful stop. We reverse.

Officer Shadwick testified that, at about 2 a.m., he saw defendant walking through an alley away from Eugene’s downtown pedestrian mall. When his patrol car came into defendant’s view, defendant turned around and headed back toward the mall. A short game of cat and mouse ensued, during which defendant started to run and the pursuing Shadwick drove the wrong way on a…