State v. McCusker

Upon separate trials, defendant was convicted of accessory after the fact, former ORS 161.230, to an assault with a dangerous weapon, and possession of a dangerous drug, ORS 475.100. His appeals from both convictions were consolidated before this court.

His sole assignment of error as to the drug conviction is that the trial court failed to suppress the drugs seized from his person. This assignment has no merit.

Defendant did not make a timely motion to suppress. A motion to suppress evidence allegedly illegally seized must be made prior to trial unless defendant was unaware of the seizure or…