STATE v. JOHNSON

87-682; CA A47738.

772 P.2d 426 (1989)

96 Or.App. 166

STATE of Oregon, Respondent, v. Allen John JOHNSON, Appellant.

Court of Appeals of Oregon.

Argued and Submitted January 18, 1989.


Attorney(s) appearing for the Case

Arthur P. Stangell, Oregon City, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

Defendant appeals his conviction for possession of a Schedule II controlled substance, ORS 475.992(4)(b), assigning as error the trial court's denial of his motion to suppress evidence. We reverse and remand.

Defendant was a passenger in a car stopped by police for a traffic violation. While one officer was questioning the driver of the car, the officer asked a second officer at the scene to find out who the passenger was. The second officer...

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