State v. Gotham

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(1). He assigns as error the trial court’s denial of his motion to suppress evidence and its response to a question from the jury. We affirm.

We take the facts from the trial court’s findings, which are supported by the evidence. Officer Berg saw defendant behind the wheel of a pickup that was blocking a sidewalk. He was revving the engine, which resulted in a large amount of noise and smoke. When Berg approached him, defendant left the pickup and walked down the sidewalk. When Berg ordered him to stop,…