State v. Herrin

Defendant was charged with two counts of possession of a controlled substance. ORS 475.992. Before trial, he moved to suppress evidence seized from the car that he was driving when the police stopped him. The trial court granted that motion, and the state appeals. ORS 138.060(3). We reverse.

Shortly after midnight on August 24, 1991, Officer Fuhrmann stopped defendant, because the car that defendant was driving had a loud muffler. Two passengers were riding with defendant in the front seat. Fuhrmann asked defendant for his driver’s license. He produced an identification card, but indicated…