State v. Hadley

*168ARMSTRONG, J.

The state appeals from an order granting defendant’s motion to suppress evidence found in the search of his vehicle. ORS 138.060(3). Defendant consented to the search, but the court held that the officer lacked authority to request that consent. We affirm.

On November 3, 1992, Oregon State Trooper Johnson saw two vehicles being driven on a public highway, one of which was towing the other. Because the tow was being conducted in an illegal manner, Johnson turned on the overhead lights on his patrol car and stopped the drivers of the two cars for the violation. Johnson spoke to the…