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STATE v. HALL

(CC 9701546CR; CA A109813; SC S49825).

115 P.3d 908 (2005)

STATE of Oregon, Petitioner on Review, v. David Clyde HALL, Respondent on Review.

Supreme Court of Oregon.

Decided July 15, 2005.

Attorney(s) appearing for the Case

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Peter Gartlan, Chief Defender, Salem, argued the cause for respondent on review. With him on the briefs were Peter A. Ozanne, Executive Director, and Louis R. Miles, Deputy Public Defender, Office of Public Defense Services.

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

CARSON, C.J.

In this criminal case, we decide two questions. First, under the circumstances at issue here, did the police encounter with defendant constitute an unlawful "stop" under ORS 131.615(1) (1995) and, consequently, also an unlawful "seizure" under Article I, section 9, of the Oregon Constitution?1 Second, if so, did that unlawful stop vitiate defendant's consent to the subsequent search...

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