State v. Bunn

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992, after a trial to the court on stipulated facts and assigns error to the denial of his motion to suppress. We reverse.

At about 6:50 p.m. on August 16,1990, Officer Smith saw two people standing at an intersection. One, defendant, was holding onto a stop sign to support himself when Smith drove up. Smith got out of his patrol car and, as he approached defendant, noticed an odor of alcohol, saw an unopened bottle of beer in a paper bag in the inside pocket of defendant’s coat and determined that defendant was…