State v. Wenger

The state appeals from a pretrial order suppressing evidence of controlled substances and a large sum of cash. ORS 138.060(3). We reverse.

We quote the material facts, which are undisputed, from the trial court’s order:

“1. On May 24,1995, around 7:15 PM, Multnomah Co. Deputy Sheriff Brian Martinek was parked in a parking lot at SE 67th & Foster. He was there for the purpose of continuing to investigate a narcotics case that is unrelated to this case. He was meeting with his informer and they were both seated in his truck.

“2. The parking lot at 67th & Foster is a “high drug’ area well known to…