State v. Linville

Defendant appeals from a conviction for possession of a controlled substance. ORS 475.992(4). He assigns as error the denial of his motion to suppress evidence seized from his cigarette pack. After the motion was denied, he entered into a stipulated facts trial that resulted in his conviction. We affirm.

Defendant was a passenger in an automobile that had been lawfully stopped because of a defective tail light. After contacting the driver of the vehicle, the officer became concerned that the vehicle might be stolen. Because the driver had no identification with him, the officer asked defendant…