State v. Highley

Defendant was convicted of possession of a controlled substance, former ORS 475.992 (2003), and appeals his conviction, assigning error to the trial court’s denial of his motion to suppress evidence. Defendant also raises an evidentiary issue in a supplemental assignment of error. As explained below, we conclude that defendant was stopped unlawfully and that the evidence that he sought to suppress was gained as a result of that unlawful stop. Accordingly, we reverse and remand on that basis and do not reach defendant’s supplemental assignment of error.

On review of the denial of a motion to…