State v. Miller

Defendant was charged with possession, delivery and manufacture of a controlled substance. ORS 475.992. Before trial, defendant moved to suppress evidence obtained from a search of her personal items incident to her warrant-less arrest. Defendant claimed that the arresting officer lacked probable cause for her arrest. The trial court granted that motion, and the state appeals. ORS 138.060(3). We reverse and remand.

The facts are undisputed and are taken from the trial court’s written findings of fact. Around midnight on February 18,1997, Officer Elias stopped a Jeep, in which defendant was a…