- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 12-10-2014
- Case #: A152068
- Judge(s)/Court Below: Hadlock, J. for the Court; Hadlock P.J.; & Mooney, J.P.T.
- Full Text Opinion
Defendant appealed a judgment of conviction for unlawful possession of methamphetamine contending that the trial court erred in denying her motion to suppress the evidence of methamphetamine found in her purse and the statements made regarding contents of her purse. Defendant claims that though her purse was in the trunk of the officer's patrol car, it was not an improper seizure until the officer refused to allow the purse to be put in the possession of Defendant's boyfriend at Defendant's request. Defendant argues that at the point of the request, the circumstances that allow a search incident to arrest no longer existed and therefore the continued seizure of the purse was unlawful. The state argues that one the property was lawfully seized, there is no justification needed to continue said property. This Court held that the officers could only deny the request made by Defendant if they had justification of the denial by an exception to the search warrant requirement. At the time the request was made, all the requirements to allow a search incident to arrest had dissipated and no other exception was applicable. Conviction of Methamphetamine possession Reversed and Remanded. All else affirmed.