State v. Johnson

Defendant appeals his conviction for carrying a concealed weapon, ORS 166.240, after a trial to the court on stipulated facts following the denial of his motion to suppress. He assigns error to the denial of that motion. We reverse.

Officer Main was on patrol in Myrtle Creek at 5:50 a.m., in December, 1988, when he saw a car being driven by defendant. He recognized neither the car nor the driver. Main described defendant’s driving:

“As he pulled out [of a housing complex], he was kind of wigwagging, driving slightly erratically on the road. He crossed the double center line at a couple of…