State v. Cross

Indicted for unlawful possession of cocaine, ORS 167.207, defendant filed a motion to suppress evidence obtained pursuant to a warrantless search of his person and clothing. Following a hearing the trial court allowed the motion, and the state appeals. ORS 138.-060(3).

A police officer had been called to a local shopping area parking lot during daylight hours relating to a dispute that arose concerning damage by a vehicle to a light pole. The defendant, though not involved in the accident, was present there at the request of the driver of the involved vehicle, who was his girl friend.

While…