State v. Messer

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(4)(b). He assigns as error the denial of his motion to suppress a baggie of cocaine found in the cab of his pickup truck on the ground that the warrantless search and seizure was illegal under the relevant statutes and the Oregon and United States Constitutions. We agree that it was improper for the officer to enter the vehicle under the facts of this case and reverse.

Officer Silvis saw defendant and another person sitting in defendant’s truck at 3:45 a.m. on June 26,1982. The truck was parked in the dimly…