State v. Emfinger

The state appeals from an order suppressing evidence taken by an officer in a search of defendant’s automobile. The officer testified he was in his private automobile with his cap off on his way home after going off shift when he observed defendant, a minor, and another minor, in a moving automobile. The defendant was drinking beer which, in itself, was a misdemeanor. ORS 471.430 (2). The officer displayed his badge and motioned for defendant to pull over. The defendant kept going for four or five blocks, but finally pulled into a private driveway. The officer checked identification, verified…