State v. Ford

*3BUTTLER, J.

Defendant appeals his conviction for unlawful possession of a controlled substance, ORS 475.992, assigning error to the trial court’s failure to suppress evidence obtained in the course of a search allegedly conducted in violation of the “knock and announce” rule, ORS 133.235, and the Fourth Amendment. We agree that the search constituted a statutory violation that requires suppression and reverse.

Eugene Police Officer Nauta stopped defendant and a woman while they were in a car in which defendant was a passenger. Nauta asked defendant and the woman for their names and addresses.…