State v. Brody

*471YOUNG, J.

The state appeals the pretrial suppression of marijuana seized from the cab of defendant’s pickup truck following his arrest for driving while under the influence of intoxicants. ORS 487.540. He was later also charged with possession of a controlled substance. ORS 475.992(4). The issue is whether the warrantless search of the cab of the truck and the seizure of the marijuana found during the search were permissible under the state and federal constitutions. We hold that they were in part, reverse as to that part and remand.

Trooper Olson saw defendant driving a pickup truck…