The Oregon Supreme Court may tell us tomorrow when it issues its decision on review of the Court of Appeals' decision in State v. Hall. At issue in the case is whether the following acts constitute an unlawful stop in violation of Article I, section 9:
"(1) Deese's nonverbal gesture directing defendant to come toward him; (2) Deese's request for identification, his taking of defendant's identification card, and his use of it to run a record check; and (3) Deese's question to defendant about his possession of knives, weapons, or drugs."
Also at issue is whether the officer's subsequent consent search of the defendant "exploited" that potentially unlawful stop, requiring suppression of the evidence discovered through that search.
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