State v. Ali

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. He assigns error to the denial of his motion to suppress a paper wad that contained cocaine found under the front seat of the car in which he was a passenger. We reverse and remand.

The court made no findings of fact, but the facts are undisputed. In March, 1988, Portland police officers Rhodes and Justus stopped a car on a Portland street, because it had no license plate light. While Rhodes talked to the driver, Justus stood alongside the car on the right, just behind the rear passenger seat. Justus saw…