State v. Morton

Defendant appeals his conviction of possession of a controlled substance, ORS 475.992(4), arguing that the trial court erred in denying his motion to suppress evidence. We reverse.

On December 21, 1995, Officer Roberts, while on patrol in the city of Pendleton, saw the driver of the vehicle in which defendant was a passenger make illegal lane changes. He also saw that defendant was not wearing a seatbelt. Roberts stopped the vehicle and cited the driver for the traffic infractions. He noticed an odor of marijuana emanating from the vehicle but testified that, “I believe it was probably from…