State v. Musser, 253 Or. App. 178

Officer Grice stopped defendant on an elevated walkway behind Value Village, surrounding the alley, at about 10:00 p.m. on January 2, 2010, suspecting trespass.
Defendant and another person were on the walkway that connects the front of the shopping center to the alley, which is elevated, separated by railings, and not clearly restricted.
Grice asked for identification; after defendant handed over a card, he searched two pouches with consent and then the purse with consent, uncovering methamphetamine in a makeup bag.
Defendant moved to suppress the evidence on the grounds the stop was unsupported by reasonable suspicion and tainted subsequent searches.
The trial court denied the motion, concluding there was reasonable suspicion; the judge then convicted defendant of possession of methamphetamine.
On appeal, the court examines whether Grice had reasonable suspicion to stop for trespass and ultimately reverses, finding no reasonable suspicion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there reasonable suspicion to stop for trespass?	Grice's location and behavior indicated trespass in a restricted area.	The walkway was open to the public; signs nearby did not reasonably limit access to that walkway.	No reasonable suspicion; stop was unlawful
Did the illegal stop taint the subsequent searches and evidence?	Consent to search followed a valid stop and search, so evidence is admissible.	Because the stop was illegal, evidence obtained during the search must be suppressed.	Evidence suppressed due to taint from illegal stop

State v. Ehly, 317 Or 66 (1993) (reasonable-suspicion standard for stops)
State v. Hall, 339 Or 7 (2005) (appellate review of factual findings for legal sufficiency)
State v. Hinton, 209 Or App 210 (2006) (open-to-the-public premises and trespass analysis)
State v. Belt, 325 Or 6 (1997) (reasonableness of suspicion under totality of circumstances)
State v. Rodgers / Kirkeby, 347 Or 610 (2010) (evidence derived from illegal stop is inadmissible)
State v. Ashbaugh, 349 Or 297 (2010) (constitutional framework for stops as seizures)