State v. Toevs

This criminal case involves the application of ORS 810.410(3)(b) (1993), 1 which sets forth the authority of a police officer during the course of investigating a traffic infraction. After denying defendant’s motion to suppress evidence found during a traffic stop, the trial court convicted defendant of unlawful possession of a controlled substance. Defendant appealed, and the Court of Appeals upheld the conviction. State v. Toevs, 137 Or App 529, 904 P2d 658 (1995). Defendant now asks this court to reverse that conviction. For the reasons that follow, we conclude that the officers’ conduct…