STATE v. VINH BA NGUYEN

070444863; A136914.

212 P.3d 1284 (2009)

229 Or. App. 719

STATE of Oregon, Plaintiff-Respondent, v. VINH BA NGUYEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 22, 2009.


Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Michael A. Casper, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and SERCOMBE, Judge, and NORBY, Judge pro tempore.


EDMONDS, P.J.

Defendant appeals a judgment of conviction for carrying a concealed weapon, ORS 166.240(1), and assigns error to the denial of his motion to suppress the evidence of the weapon. He contends that the seizure of the weapon was the product of an unlawful deprivation of his liberty of movement under Article I, section 9, of the Oregon Constitution. We agree with defendant's argument and reverse and remand.

City of Portland Police Officer McCollister...

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