State v. Cochran

This case is before us on remand from the Supreme Court. State v. Cochran, 339 Or 609, 127 P3d 650 (2005). Defendant appeals from a judgment convicting him of possession of a controlled substance, ORS 475.992(4)(b). Defendant assigns error to the trial court’s denial of his motion to suppress. We initially affirmed defendant’s convictions, but now reconsider defendant’s appeal in light of State v. Hall, 339 Or 7, 115 P3d 908 (2005), and reverse and remand.

We begin with the facts. In reviewing a denial of a motion to suppress, we are bound by the trial court’s findings of historical facts as…