State v. Benning

The state appeals a pretrial order granting defendant’s motion to suppress evidence and dismissing a one-count indictment against defendant for possession of methamphetamine. ORS 138.060(l)(c). The evidence was obtained after the police observed defendant and a companion, Jacobs, “bent over a bag” in front of a restaurant; initiated contact with them; implicitly denied defendant’s request to go to the bathroom; asked defendant and Jacobs for identification; said “hang on there, or hang on a second”; ran a records check that revealed an outstanding warrant for defendant’s arrest; arrested…