State v. Jacobs

Defendant appeals a judgment of conviction for possession and distribution of a controlled substance within 1,000 feet of a school. ORS 475.999. He assigns error to the denial of a motion to suppress evidence that was obtained incident to his arrest. He argues that the search was unlawful because the arresting officers lacked probable cause to believe that he had engaged in any criminal activity. We agree and reverse and remand.

The relevant facts are not in dispute. At approximately 6:00 p.m., Officer Rios and his partner were driving on Chemeketa Street towards Liberty Street in downtown…