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STATE v. MIGLAVS

(CC C000009CR, C000111CR; CA A111137, A111138; SC S50279).

90 P.3d 607 (2004)

337 Or. 1

STATE of Oregon, Respondent on Review, v. Daniel Paul MIGLAVS, Petitioner on Review.

Supreme Court of Oregon.

Decided May 20, 2004.

Attorney(s) appearing for the Case

Garrett A. Richardson, Portland, argued the cause and filed the brief for petitioner on review.

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent on review. Julie A. Smith, Assistant Attorney General, filed the brief. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

De MUNIZ, J.

The issue in this criminal case is whether a police officer lawfully engaged in a precautionary patdown1 of defendant in accordance with the officer safety rule set out in State v. Bates, 304 Or. 519, 747 P.2d 991 (1987). Because there were multiple charges against defendant arising out of separate police patdowns...

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