State v. Anfield

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(4). He assigns as error the denial of his motion to suppress evidence obtained in a warrantless search of a bag that he was carrying. We reverse.

At about 3:25 a.m. on November 18, 1987, officers Smith and Hooper, who were in a marked patrol car, saw defendant walking down a street in a “high drug area,” carrying a bag over his shoulder. Smith shined a spotlight on defendant and asked to speak to him. The officers parked their car by the curb several feet in front of defendant; both of them got out of the…