State v. Gaither

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. He assigns as error the court’s denial of his motion to suppress “all evidence which was the product of an illegal search” that the police made, including an aluminum foil “bindle” containing heroin. The state concedes that, if the search for the heroin was illegal, defendant’s subsequent confession was also inadmissible. The court did not err in denying defendant’s motion to suppress, and we affirm.

The court made no findings of historical fact, but they are not in dispute. Officer Sviler stopped…