State v. Levias

The state seeks reconsideration of our opinion in this case, State v. Levias, 239 Or App 116, 243 P3d 880 (2010), in which we reversed defendant’s convictions for unlawful possession of heroin and cocaine because the trial court erred in denying defendant’s motion to suppress evidence obtained after a consent search of his person. We allow reconsideration, modify our opinion, and adhere to it as modified.

Defendant was charged with two drug offenses and sought suppression of evidence obtained during a consent search following a stop of the car in which he was riding as a passenger. The trial…