State v. Parks

This is an appeal from an order sustaining motions to suppress evidence consisting of a hashish pipe and narcotics taken in a search of a vehicle. The defendants were separately indicted but the facts on which the motions were determined are the same in each case.

A simple, close question is involved. The arresting officer came upon the defendant-occupants of a vehicle in a public parking lot in Eugene at 8:30 a.m. The defendants and their vehicle had a transient appearance. The officer suspected the defendants had violated a city ordinance against using the parking lot for an overnight…