State v. Hogg

Defendant appeals from a conviction for unlawful possession of narcotics. ORS 474.020. The only assignment of error meriting consideration is that the marihuana seized by the officers should have been suppressed.

On the evening of April 26, 1970, three Seaside police officers were sitting in a parked patrol car on a city street looking for a drunk driver reported in the general vicinity. One of the officers saw someone walking on the opposite side of the street, turned his flashlight on the person, recognized him as Martin Hogg, and called him over to ask if he had seen the drunk driver, and,…