State v. Zumbrum

Following a stipulated facts trial, defendant was convicted of unlawful possession of a controlled substance. Former ORS 475.992 (2003), renumbered as ORS 475.840 (2005). On appeal, he assigns error to the trial court’s denial of his motion to suppress a methamphetamine pipe that was seized following a warrantless search. We reverse and remand.

In reviewing a trial court’s decision on a motion to suppress, we are bound by the trial court’s factual findings if there is evidence in the record to support them. State v. Hendricks, 213 Or App 360, 362, 160 P3d 1014, rev den, 343 Or 467 (2007). When…