State v. Ehret

Defendant appeals from a conviction for delivery of marijuana. ORS 475.992(2)(a). He contends that the trial court erred in denying his motion to suppress evidence that the arresting officers obtained as a result of questions that they posed to defendant during a traffic stop. We reverse.

At 1:39 a.m. on August 28,1999, defendant was driving his vehicle at 83 miles per hour in a 65 mile per hour zone. Officer Seber stopped defendant and approached the driver’s side of defendant’s vehicle. Defendant’s son, William, was the vehicle’s only other occupant. Seber asked defendant for his driver’s…