State v. Smith

Defendant was convicted of the crime of illegal possession of marihuana. He appeals assigning as sole error the denial of his motion to suppress.

Defendant had been stopped by a patrolling deputy sheriff at about 1:30 a.m. on October 28, 1971, in the outlying areas of northeast Portland while operating a motor vehicle. Defendant alighted as the officer approached the car. The officer asked him for his driver’s license. The defendant, while in the process of removing it from his wallet, said “something about it being expired.” It was a cold night and the officer suggested to him that he…