State v. Boyd

Defendant appeals his conviction for unlawful possession of a controlled substance (cocaine). ORS 475.992. He assigns as error the trial court’s denial of his motion to suppress evidence that was seized from his shirt pocket and statements that he made about the contraband. We reverse.

On February 26, 1988, Officer Lish stopped defendant for failing to signal before making a turn. In response to her request for his license, registration and proof of insurance, defendant replied, “I’m suspended.” She arrested him for driving while suspended and patted him down before putting him in the back of…