State v. Fisher

Defendant was indicted for unlawful possession of marihuana in violation of ORS 474.020. Prior to trial he successfully moved to suppress the evidence, marihuana, seized by the arresting policeman. The state appeals under the provisions of ORS 138.060 (4),① contending that the order of suppression was not supported by the evidence.

The arresting officer testified that he stopped the defendant as a routine traffic matter solely to advise him that his rear license plate was loose. He testified that during the colloquy that followed he became concerned because of sudden, suspicious movements made…