State v. Shelton

Defendant was indicted for possession of a controlled substance. ORS 475.992(4). The state appeals, for the second time, from an order granting defendant’s motion to suppress evidence obtained as the result of a street stop. On the first appeal, we reversed and remanded for findings of fact and conclusions of law. State v. Shelton, 95 Or App 127, 767 P2d 496 (1989). We now reverse and remand for further proceedings.

Medford Police Officer Churma had had several contacts with defendant in which defendant appeared to be under the influence of cocaine. On the night of August 27, 1987, while on…