State v. Pavelek

Defendant appeals his two convictions for possession of a controlled substance, ORS 475.992(4), assigning error to the trial court’s denial of his motion to suppress. We affirm.

The parties do not dispute the facts giving rise to the suppression issue. At approximately 2 a.m. on February 17, 1990, Officers Struble and Opel, while on a routine patrol, saw a car parked on the side of a public road near the driveway of a residence. It was facing oncoming traffic. A person, later determined to be the owner of the residence, motioned to the officers as they went by. The officers noticed that the…