State v. Asher

Defendant was indicted, tried and convicted by a jury of criminal activity in drugs, ORS 167.207. He appeals asserting error in the denial of his motion to suppress evidence and in the admission of certain evidence.

We summarize the relevant portions of the testimony. A police officer on patrol observed defendant, who was operating a motorcycle, turn off the highway onto a side road where he pulled over and stopped. Defendant got off his motorcycle, approached the front of his motorcycle and bent down.

The officer pulled his patrol car in behind the motorcycle in order to determine if anything…