STATE v. HUFFMAN

231100298; A148653.

308 P.3d 288 (2013)

258 Or. App. 195

STATE of Oregon, Plaintiff-Respondent, v. Tommy Lee HUFFMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 14, 2013.


Attorney(s) appearing for the Case

Ingrid A. MacFarlane , Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Carson L. Whitehead , Assistant Attorney General, argued the cause for respondent. With him on brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and DE MUNIZ, Senior Judge.


DE MUNIZ, S.J.

Defendant appeals from a judgment of conviction for unlawful possession of methamphetamine. ORS 475.894. The only issue on appeal is whether the officer who stopped defendant had reasonable suspicion that defendant was engaged in criminal activity. We hold that the officer lacked the reasonable suspicion necessary to justify the stop. Because the evidence supporting defendant's conviction was derived directly from the illegal seizure of defendant, we...

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