State v. Baker

Defendant appeals his conviction for unlawful possession of a controlled substance (LSD), ORS 475.992(4), assigning as error the trial court’s denial of his motion to suppress evidence taken in a search of his person. We reverse.

On February 20,1987, a Portland police officer, under the authority of a city ordinance, issued a written order to defendant that excluded him from a park in downtown Portland for the next 30 days. The reason for the exclusion was that defendant was playing a portable radio at a greater volume than the city code permitted. The same officer saw defendant in the park on…