State v. Rubio

Defendant appeals a judgment of conviction on one count of possession of a controlled substance. ORS 475.992(1). He contends that the trial court erred in denying his motion to suppress evidence of his possession of a plastic bag containing methamphetamine that a police officer removed from defendant’s pants pocket during a stop. We agree and reverse and remand.

The relevant facts are not in dispute. Shortly before midnight, Officer Baker received an anonymous report of two apparently intoxicated Hispanic men who were standing outside an apartment building yelling loudly and threatening to…