State v. Sweet

Defendant was charged with driving under the influence of intoxicants (DUII) and possession of a controlled substance. ORS 813.010; ORS 475.992(4). The trial court granted his motion to suppress “evidence concerning any controlled substance” that was found in his car. The state appealed, ORS 138.060(3), 1 and we affirmed without opinion. 107 Or App 383, 811 P2d 150 (1991). The Supreme Court remanded the case to us for further consideration in the light of its decision in State v. Rhodes, 315 Or 191, 843 P2d 927 (1992). 315 Or 441, 845 P2d 1294 (1993). We reverse.

Officer Garvin spotted…