State v. Amell

Defendant appeals from a judgment of conviction for unlawful possession of cocaine and carrying a concealed weapon. ORS 475.884; ORS 166.240. Defendant assigns error to the denial of his motion to suppress evidence. That evidence was seized following a patdown search of defendant for weapons during a traffic stop. We conclude that the search was not justified as necessary to protect the safety of police officers and that the evidence should have been suppressed. Accordingly, we reverse and remand.

We state the facts consistently with the trial court’s explicit and implicit findings. State v.…