State v. Barndt

Defendant appeals his conviction for possession of a controlled substance, contending that the trial court should have suppressed certain evidence seized and statements made. We agree. Accordingly, we reverse.

On August 28, 1982, at approximately 4:10 a.m., Officer Campbell of the State Police was patrolling on Coburg Road in Eugene. As he drove past an Albertson’s store, he noticed defendant and two companions, Webster and Case, standing outside a pickup truck parked next to a telephone booth in the parking lot. The officer drove into the parking lot to investigate and observed two beer…