STATE v. MAZZUCCHI

A143973; 092318FE.

284 P.3d 1263 (2012)

252 Or. App. 122

STATE of Oregon, Plaintiff-Respondent, v. Richard MAZZUCCHI, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 29, 2012.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Morgen E. Daniels , Deputy Public Defender, Office of Public Defense Services, filed the brief 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 ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.


ORTEGA, P.J.

Defendant appeals a judgment of conviction for possession of methamphetamine, ORS 475.894. He assigns error to the trial court's denial of his motion to suppress evidence obtained after he consented to a search while subject to what he contends was an unlawful seizure. We conclude that defendant was not stopped for purposes of Article I, section 9, of the Oregon Constitution when the officers requested his consent to search the car. We therefore affirm...

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