State v. Johnson

Defendant appeals his conviction for possession of a Schedule II controlled substance, ORS 475.992(4)(b), assigning as error the trial court’s denial of his motion to suppress evidence. We reverse and remand.

Defendant was a passenger in a car stopped by police for a traffic violation. While one officer was questioning the driver of the car, the officer asked a second officer at the scene to find out who the passenger was. The second officer approached defendant, who provided his name and identification. A check of defendant’s record revealed no warrants for his arrest. While the officer was…