State v. Scheer

Defendant was charged with delivery of a controlled substance, ORS 475.992(2)(a), being an ex-convict in possession of a firearm, ORS 166.270(1), and possession of a controlled substance. ORS 475.992(4). The state appeals a pretrial order suppressing evidence seized during a warrantless search of defendant and his automobile following a valid stop of the automobile. We affirm.

After Officer Hendricks stopped defendant for driving with obstructed license plates, he approached the car and asked defendant for his driver’s license. Defendant searched his wallet, then his pants pockets and jacket…