State v. Tucker

Defendant petitions for reconsideration of our decision upholding the trial court’s denial of his motion to suppress evidence seized in a search of a car in which he had been a passenger. State v. Tucker, 151 Or App 775, 951 P2d 190 (1997). We grant the petition and adhere to our original opinion as modified herein.

To the facts detailed in our earlier opinion, we add the following information taken from testimony at the suppression hearing. Defendant had been a passenger in a car involved in a single-car accident. The car had rolled over, and the force of the collision had caused the car’s…