STATE v. BALDWIN

DA 278-716-8405; CA A34311.

712 P.2d 120 (1985)

76 Or.App. 723

STATE of Oregon, Respondent, v. Eric Adam BALDWIN, Appellant.

Court of Appeals of Oregon.

Decided December 11, 1985.


Attorney(s) appearing for the Case

Charles P. Denkers, Portland, argued the cause and filed the brief for appellant.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and NEWMAN, JJ.


GILLETTE, Presiding Judge.

Plaintiff appeals his conviction for carrying a concealed weapon, ORS 166.240, asserting that the trial court erred in refusing to suppress evidence of a hunting knife taken from him while he was detained for the issuance of a citation for possession of less than one ounce of marijuana. ORS 475.992(4)(f). He argues that the officer had no authority to frisk or search him for weapons. We reverse and remand.

Officer Igo, who was in...

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