Court of Appeals of Oregon, 2008

State v. Bales

State v. Bales
Court of Appeals of Oregon · Decided April 23, 2008 · Haselton, Armstrong, Rosenblum
183 P.3d 228; 219 Or. App. 487; 2008 Ore. App. LEXIS 519 (Pacific Reporter, Third Series)

State v. Bales

Opinion

*488 PER CURIAM

Defendant appeals from a judgment of conviction for unlawful possession of a controlled substance, former ORS 475.992 (2003), arguing that the trial court erred in denying his motion to suppress evidence. The state concedes that the trial court erred. As explained below, we conclude that the concession is well taken. Consequently, we reverse and remand.

Defendant was stopped by a police officer who subjectively believed that he had reasonable suspicion that defendant was frequenting a place where controlled substances were used, ORS 167.222. In the course of the stop, the officer requested defendant’s identification and retained the identification while he asked for defendant’s consent to a search. The search produced the evidence that defendant sought to suppress. The state concedes that the officer lacked reasonable suspicion that defendant had violated ORS 167.222 and, consequently, under State v. Hall, 339 Or 7,115 P3d 908 (2005), the stop was unlawful; the state further acknowledges that no intervening circumstances attenuated the illegality from the consent. We agree.

Reversed and remanded.

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