police did not have reasonable suspicion to stop the defendant, whom they had seen walking in an area of high prostitution activity and talking to a known prostitute
How later courts described this case
- police did not have reasonable suspicion to stop the defendant, whom they had seen walking in an area of high prostitution activity and talking to a known prostitute
- whether an officer has stopped an individual depends on whether the individual would believe that he or she “could refuse to cooperate and walk away”
- conviction reversed; officer merely observed defendant walking in area of high prostitution and talking to known prostitute on one occasion
Written by the judges who cited it.
The opinion
SCHWAB, C. J.,
concurring.
I wish to note that by concurring in the majority opinion I do not wish to be recorded as implying that the arrest on the outstanding warrant was improper or that the fruits of a search incident to a lawful arrest should always be suppressed if the initial stop was unlawful. Despite State v. Crossen, 21 Or App 835 , 536 P2d 1263 , Sup Ct review denied (1975), I think the contrary result can arguably be supported. I concur here solely because the state seeks to justify the search and the resulting seizure of the weapon solely on the basis that the stop was proper and not on the basis of the fruits of a search incidental to a lawful arrest.