State v. Johnson

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. He assigns as error the denial of his motion to suppress the methamphetamine and drug paraphernalia seized from his person. We reverse.

Late at night, three uniformed police officers arrived at an apartment building parking lot. They were investigating a report of a fight in the parking lot. They saw defendant leave an apartment with a flashlight in his hand, walk to the edge of the parking lot, turn around and walk back toward the apartment. Officer Tercek asked if defendant would talk with him. Defendant…