STATE v. LANGE

C110174CR; A148987.

329 P.3d 797 (2014)

264 Or. App. 126

STATE of Oregon, Plaintiff-Respondent, v. Timothy Joshua LANGE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 2, 2014.


Attorney(s) appearing for the Case

Jonah Morningstar , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jennifer S. Lloyd , Attorney-in-Charge, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Douglas F. Zier , Senior Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


NAKAMOTO, J.

In this criminal case, defendant appeals a judgment convicting him of unlawful possession of heroin, ORS 475.854. He assigns error to the trial court's denial of his motion to suppress evidence obtained during an encounter that defendant contends was an unlawful seizure. Specifically, defendant argues that he was unlawfully seized when the police ordered him to leave a cafe restroom without reasonable suspicion of criminal activity. We reverse and remand...

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