State v. Ayles

Defendant appeals a judgment of conviction for possession of a substantial quantity of a controlled substance. Former ORS 475.992(4)(b) (2003). He assigns error to the trial court’s denial of his motion to suppress evidence discovered during a search of his person and a subsequent search of his backpack during a traffic stop. We agree with defendant that the evidence obtained was the unattenuated product of exploitation of an unlawful stop of defendant in violation of his rights under Article I, section 9, of the Oregon Constitution. Accordingly, we conclude that the trial court erred in not…