State v. Cooper

Defendant was convicted after trial by the Circuit Court of Lane County without a jury of unlawful possession of marihuana. ORS 474.020.

The sole assignment of error is that the trial judge should have sustained defendant’s motion to suppress the marihuana seized from defendant’s person at the time he was apprehended by a police officer but before his formal arrest.

The question presented for decision is: Did the officer have probable cause for seizing the marihuana?

About 10:45 at night, a private citizen, Clyde Raven, observed an automobile being operated along a Eugene street with its lights…