State v. Levias

Defendant appeals a conviction, after a bench trial, of one count of unlawful possession of heroin, ORS 475.854, and one count of unlawful possession of cocaine, ORS 475.884. Defendant assigns error to the trial court’s denial of his motion to suppress evidence obtained after a consent search of his person, contending that he had been stopped without reasonable suspicion, in violation of Article I, section 9, of the Oregon Constitution, 1 and that his consent to search was tainted by the illegal detention. We agree with defendant that the trial court erred in denying the motion to suppress…