State v. Levias, 255 P.3d 611

State sought reconsideration of Levias 2010 opinion reversing convictions for unlawful possession of heroin and cocaine.
Convictions arose from evidence obtained during a consent search of defendant's person following a stop of the car in which he rode as a passenger.
Trial court denied suppression; defendant was convicted; on appeal, court previously held the stop/search violated Fourth Amendment rights.
Supreme Court later decided Ashbaugh (2010) altering the stop inquiry to focus on whether a reasonable person would believe liberty was intentionally and significantly restricted.
Court concludes the Ashbaugh framework applies and that the circumstances still show an unlawful restraint of defendant's liberty, justifying suppression; reconsideration granted; opinion modified and adhered to as modified.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop/search was lawful under Ashbaugh.	Levias argued the stop was restraining under Ashbaugh.	Levias contends the stop did not significantly restrict liberty.	Yes; restraint found under Ashbaugh.
Whether the evidence should be suppressed despite Ashbaugh framework.	Levias cites improper search following stop.	State bears burden to show lawful consent.	Suppression upheld.
Was defendant stopped in a high-crime area with multiple patrol cars creating a coercive setting?	Yes; circumstances indicate stop.	Circumstances insufficient to show significant interference.	Yes; the setting supported a finding of restraint.
Did the Supreme Court’s Ashbaugh standard alter the outcome of Levias?	Ashbaugh changed the framework.	Ashbaugh applies but does not rehabilitate the stop here.	Yes; Ashbaugh framework governs outcome.

State v. Ashbaugh, 349 Or. 297 (2010) (redefines whether a stop is shown by totality of circumstances)
State v. Levias, 239 Or.App. 116 (2010) (reversed conviction for unlawful possession after suppression error)