State v. Young

Defendant appeals his judgment of conviction for one count of manufacturing marijuana, ORS 475.856; one count of delivery of marijuana, ORS 475.860(2)(a); and one count of possession of marijuana, ORS 475.864. He assigns error to the trial court’s denial of his motion to suppress, arguing that seizures of his person and his backpack were unlawful, and that evidence obtained during those seizures must be suppressed because it derived from those unlawful seizures. We agree with defendant, and we reverse and remand.

Officer Monico encountered, at night, a disabled car in the middle of a busy…