State v. Auer

Defendant was charged with possession of a controlled substance and failure to present a driver’s license. ORS 475.992; ORS 807.570. The state appeals from an order that allowed defendant’s motion to suppress evidence seized during a search and dismissed the indictment. We vacate that order and remand for determinations of whether defendant was illegally detained and, if not, whether he consented to the search.

Officer Delong stopped defendant for driving with a defective tail light. He asked defendant for his driver’s license. Defendant responded that he had no license and that his name was…