State v. Dickerson

*194LEESON, J.

Defendant appeals from his convictions for second degree criminal mischief. ORS 164.354. We address only the assignment of error that challenges the trial court’s denial of his motion to suppress evidence obtained when police conducted a warrantless search after he was arrested for a probation violation related to an earlier conviction. We review for errors of law, ORS 138.220, and reverse.

On October 21, 1991, Eugene police officer Goldsmith arrested defendant at a downtown mall. Goldsmith testified that defendant had been agitated and hostile when the two had had contact at the…