State v. York

Defendant was convicted on two counts of criminal activity in drugs, ORS 167.207. He appeals the trial court’s denial of his motion to suppress evidence seized pursuant to a warrantless search of defendant’s automobile.

An officer of the Oregon State Police stopped defendant’s car because defendant was driving in an erratic manner. The officer suspected that defendant was driving under the influence of alcohol, but upon observing defendant and smelling his breath was satisfied that defendant had not been drinking. In the course of the investigation the officer looked inside the car with the…