Legal Opinion

State v. Smith

Court of Appeals of Oregon

Decided August 15, 1990No. 10-88-09270; CA A51175PublishedCited by 18 opinions

1Opinion of the Court

*115ROSSMAN, J.

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992, assigning error to the denial of his motion to suppress evidence seized after he was stopped for a traffic infraction. We affirm.

At approximately 10 p.m. on October 2,1988, Officer Donaca saw defendant illegally riding his bicycle without a headlight. Donaca stopped him and asked for identification. Defendant produced a driver’s license, and Donaca ran a check on it. Before he received a reply, he asked defendant if he could search a small back pack that was strapped to the bicycle. Defendant…

2Cases cited5 opinions

  1. United States v. RabinowitzSupreme Court of the United States · 1950
  2. State v. OwensOregon Supreme Court · 1986
  3. State v. CaraherOregon Supreme Court · 1982
  4. State v. BakerCourt of Appeals of Oregon · 1989
  5. State v. BoydCourt of Appeals of Oregon · 1990

3Cited by18 opinions

  1. State v. SmithOregon Supreme Court · 1992
  2. State v. MesaCourt of Appeals of Oregon · 1991
  3. State v. JonesCourt of Appeals of Oregon · 1990
  4. State v. JonesCourt of Appeals of Oregon · 1990
  5. State v. NobleCourt of Appeals of Oregon · 1991

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