STATE v. KINKADE

090330897; A144173.

270 P.3d 371 (2012)

247 Or. App. 595

STATE of Oregon, Plaintiff-Respondent, v. Tyler Nathan KINKADE, aka Tyler Nathen Kinkade, Defendant-Appellant.

Court of Appeals of Oregon.

Decided January 5, 2012.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Ingrid A. MacFarlane , Deputy Public Defender, filed the briefs for appellant.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Douglas F. Zier , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


SCHUMAN, P.J.

Defendant was convicted of drug-related offenses based on evidence that officers discovered after defendant consented to a weapons patdown. On appeal, defendant argues that his consent was the product of an illegal seizure, because police requested permission to pat him down without reasonable suspicion that he had committed or was about to commit a crime. He further argues that, even if he was not illegally seized before he consented, he was...

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