State v. Baiz

Defendant appeals a judgment of conviction for unlawful delivery of marijuana for consideration, ORS 475.860. Defendant assigns error to the trial court’s denial of his motion to suppress evidence, arguing that the search was unlawful under Article I, section 9, of the Oregon Constitution, because the automobile exception did not apply to a warrantless search of his car.1 We review for legal error. State v. Ehly, 317 Or 66, 75, 854 P2d 421 (1993); State v. Getzelman, 178 Or App 591, 595, 39 P3d 195, rev den, 334 Or 289 (2002). We reverse and remand.

Police responded to a suspicious-person call…