State v. Waggoner

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(4). He assigns as error the trial court’s denial of his motion to suppress marijuana that the police found in a warrantless search of the trunk of his car while it was in a police impound lot. We reverse.

The historical facts are not in dispute. Officer Pecyna stopped defendant for speeding. As he approached defendant’s car, Pecyna smelled the odor of burning marijuana. He asked defendant if he had been smoking marijuana. Defendant responded affirmatively but denied that there was any other marijuana in the…