State v. Porter

Defendant was charged by information on three counts of criminal activity in drugs under ORS 167.207. He moved to suppress evidence seized from his car. The trial court granted the motion, and the state appeals.

The facts are undisputed. At about 11 p.m. on February 17 a police officer observed the defendant in an automobile parked in the parking lot of the First National Bank in Baker. Approximately 30 minutes later the officer noted that the vehicle was still parked there. There was a pickup parked beside it. The officer then parked his own vehicle a block away and observed the defendant’s…