State v. Claxton

Defendant appealed from his convictions for possession of a controlled substance, ORS 475.992, and unlawful possession of a firearm, ORS 166.250, arguing that the trial court erred in denying his motion to suppress. We affirmed the trial court’s denial of the motion, 126 Or App 35, 867 P2d 526 (1994). The Supreme Court has remanded the case for reconsideration, State v. Claxton, 321 Or 377, 899 P2d 690 (1995), in the light of State v. Dominguez-Martinez, 321 Or 206, 895 P2d 306 (1995). On reconsideration, we reverse.

At midnight on October 16, 1990, Officer Rivett stopped defendant for towing…