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STATE v. LICHTY

89-1147; CA A65661.

821 P.2d 1114 (1991)

110 Or.App. 294

STATE of Oregon, Appellant, v. James Max LICHTY, Respondent.

Court of Appeals of Oregon.

Decided December 11, 1991.

Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause, for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

John F. Hunnicutt, St. Helens, argued the cause and filed the brief, for respondent.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Defendant was indicted for possession of a controlled substance. ORS 475.992(4). The trial court granted his motion to suppress cocaine found in plain view in his automobile. The state appeals. ORS 138.060(3). The issue is whether the stop was based on a reasonable suspicion that defendant was in possession of a controlled substance. Under the totality of the circumstances, the police officer's suspicion was not reasonable, and we affirm.

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