STATE v. WAGGONER

139,113; CA A32228.

698 P.2d 525 (1985)

73 Or.App. 325

STATE of Oregon, Respondent, v. Wilson Weaver WAGGONER, Appellant.

Court of Appeals of Oregon.

Decided April 17, 1985.


Attorney(s) appearing for the Case

Helen I. Bloch, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


NEWMAN, Judge.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(4). He assigns as error the trial court's denial of his motion to suppress marijuana that the police found in a warrantless search of the trunk of his car while it was in a police impound lot. We reverse.

The historical facts are not in dispute. Officer Pecyna stopped defendant for speeding. As he approached defendant's car, Pecyna smelled the odor of burning...

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