State v. Parker

Defendant appeals a judgment of conviction for possession of a controlled substance, former ORS 475.992(4) (2003), renumbered as ORS 475.840(3) (2005). Defendant contends that the trial court erred by denying his motion to suppress evidence found in a search of his person that was conducted in connection with what he reasonably believed to be a warrant check regarding him. Because we agree that defendant was stopped in violation of Article I, section 9, of the Oregon Constitution at the time of the search, we reverse and remand.

In reviewing the denial of a pretrial motion to suppress, we are…