State v. Vaughn

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992, assigning as error the trial court’s denial of his motion to suppress. The trial court upheld the warrantless search under the so-called automobile exception. We hold that there was no lawful basis for a warrantless search and reverse and remand.

As part of an undercover narcotics investigation, Cummings, an undercover officer, contacted Graven, a known drug dealer, to buy a pound of marijuana. Graven indicated that he could get the marijuana through his “man” in Emmett, Idaho. He arranged for his “man” to…