State v. Mendoza

Defendant was charged with delivery and possession of a controlled substance. ORS 475.992. The state appeals an order, made before trial, suppressing drugs and money seized from defendant’s person. ORS 138.060(3). It argues that the police officers had probable cause to arrest defendant and that the resulting search incident to the arrest was lawful. We reverse.

The evidence presented by the state on defendant’s motion was undisputed and consisted of the testimony of one police officer. Defendant offered no evidence and the court made only cursory findings.

Officers Butler and Coffman were on…