State v. Courson

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. He assigns as error the court’s denial of his motion to suppress evidence seized in a warrantless search of his vehicle and person following a vehicle stop. We reverse.

Defendant was stopped by Officer Ottele, who was in uniform in a marked patrol car. The patrol car’s overhead lights were, flashing. Ottele was acting on the order of Chief Roth, who had told him to stop defendant’s truck because defendant might be transporting drugs or drug paraphernalia. Because the state concedes that the stop was made…