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STATE v. RADTKE

06C49184; A136543.

217 P.3d 220 (2009)

230 Or. App. 686

STATE of Oregon, Plaintiff-Respondent, v. Stacy Quinn RADTKE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 9, 2009.

Attorney(s) appearing for the Case

Ryan O'Connor, Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, and Travis Eiva, Deputy Public Defender, Legal Services Division, Office of Public Defense Services.

Samuel A. Kubernick, 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 LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

Defendant was convicted of unlawful possession of methamphetamine. ORS 475.894. On appeal, she assigns error to the trial court's denial of her motion to suppress evidence that, she argues, derived from an unlawful stop in violation of her rights under Article I, section 9, of the Oregon Constitution.1 The state, in response, argues that defendant's encounter with the officer did not become a stop, and therefore a seizure for...

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