State v. Tetro

Defendant appeals his conviction, after a trial to the court on stipulated facts, for possession of a controlled substance. ORS 475.992. He assigns as error the denial of his motion to suppress. We affirm.

Defendant and a companion were seated in defendant’s parked car at about 2:30 a.m. in a “high drug activity area” of downtown Portland. Defendant sat in the driver’s seat, while his companion sat in the front passenger’s seat. The car’s dome light was on. Officer Justus drove v. and parked behind defendant’s car; he was alone, and there is no evidence that he turned on the overhead light or…