State v. Cottrell

The state appeals from an order suppressing evidence after a hearing on defendant’s motion to suppress. ORS 138.060(l)(c). The trial court concluded that defendant was stopped without reasonable suspicion when an officer approached the parked vehicle in which defendant was sitting and asked him if he had been drinking. The trial court also concluded that defendant was arrested without probable cause when the officer left defendant with another officer while he interviewed a witness. We disagree and, consequently, reverse and remand.

We recite the facts as presented at the hearing on the motion…