OR: A bulge in def’s pocket was not RS for a patdown without more

The officer articulated no reason for the officer safety exception for searching defendant’s pockets. A bulge in defendant’s clothing was not enough. State v. Leach, 294 Ore. App. 639 (Nov. 2, 2018).

“[W]e have held that the lawfulness of the order does not depend on the lawfulness of the initial encounter. And, as previously noted, most recently, in Wilson, we explicitly held that it was unnecessary to determine the lawfulness of an initiating encounter in addressing whether an order was permissible based on officer-safety concerns that included the defendant’s behavior in refusing to comply with simple requests.” State v. Kreis, 294 Ore. App. 554 (Nov. 2, 2018).