State v. Koroteev

Defendant appeals a judgment of conviction for possession of a controlled substance, former ORS 475.992(1) (1995), renumbered as ORS 475.840 (2005), assigning error to the trial court’s denial of his motion to suppress. He argues that the arresting officer lacked probable cause to believe that he was engaged in committing the crime of attempted theft when the officer observed him under the hood of a car, and that the trial court therefore erred in admitting evidence discovered as a result of an unlawful arrest. We conclude that defendant’s arrest for attempted theft was not supported by…