- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 03-09-2022
- Case #: A167663
- Judge(s)/Court Below: Aoyagi, J., for the Court; Lagesen, C. J.; Ortega, C.J.; Tookey, J.; Shorr, J.; Hellman, J.; Armstrong, S. J. joining in the opinion. James, J. concurred. Powers, J., dissented, in which Mooney, Kamins, and Pagán, JJ. joined.
- Full Text Opinion
Defendant appealed a conviction for one count of angling while suspended. On appeal, Defendant assigned error the trial court's denial of his motion to suppress evidence from his encounter with a Sheriff's Deputy who approached him in a marked patrol boat and requested to see his fishing license. Defendant argued that the deputy unlawfully seized him when the deputy approached him and, without a warrant or reasonable suspicion, asked him if he had a fishing license. In response, the State argued that Defendant was not seized because he was free to leave without answering the question. A defendant who is approached by a law enforcement officer and asked to produce a fishing license cannot reasonably believe that they are free to leave and are therefore stopped. State v. Almahmood, 308 OrApp 795 (2021). The Court held that Defendant could not possibly have felt as though he was free to leave when the deputy approached him and asked him to produce a fishing license. Reversed and remanded.