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STATE v. REYES-HERRERA

SC S068223.

500 P.3d 1 (2021)

369 Or. 54

STATE of Oregon, Respondent on Review, v. Saul REYES-HERRERA, Petitioner on Review.

Supreme Court of Oregon, En Banc.

December 9, 2021.

Attorney(s) appearing for the Case

Joshua B. Crowther, Chief Deputy Defender, Office of Public Defense Services, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet, Chief Defender.

Paul L. Smith, Deputy Solicitor General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Kelly Simon, Portland, Crystal Maloney, Brooklyn, New York, Alexander A. Wheatley, Portland, and Thomas Stenson, Portland, jointly filed the brief for amici curiae ACLU of Oregon and Interfaith Movement for Immigrant Justice, Oregon Justice Resource Center, and Disability Rights Oregon.

Article I, section 9, of the Oregon Constitution protects individuals from being stopped by police who lack reasonable suspicion of criminal activity. In this case, we hold that an officer stopped defendant in violation of that constitutional provision.

BACKGROUND

We begin with the uncontested facts taken from the...

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