State v. Jones

*125ROSSMAN, J.

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992, in a trial on stipulated facts after his motion to suppress was denied. He assigns as error the trial court’s refusal to suppress evidence seized after he was arrested for public indecency. ORS 163.465. We vacate the judgment and remand.

On November 28, 1988, at approximately 1 a.m., while on routine patrol in the Old Town area of Portland, police officers Barbour and Schilling observed defendant zipping up his pants, apparently after urinating on the sidewalk. They approached defendant and…