- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 08-03-2016
- Case #: A154499
- Judge(s)/Court Below: Wilson, S.J. for the Court; Armstrong, P.J.; & Egan, J.
- Full Text Opinion
Defendant appealed conviction of unlawful possession of a Schedule I controlled substance. He argued that the trial court erred by denying his motion to suppress evidence discovered in a warrantless search of his pocket. Specifically, he argued that the search of his pocket was outside the scope of the consent he granted to a patdown search. The Court found that Defendant consented to a limited patdown search because the Defendant only explicitly consented to a search of the outside of his clothing, and made an express distinction between the search to which he consented and a search to which he would have been subject while under arrest. The Court therefore held that a search of the inside of Defendant’s pocket was not consensual, and, moreover, there were no officer safety grounds with which to make the search legitimate, because the police officer lacked a particularized explanation as to why feeling a hard container inside Defendant’s pocket would make him fear for his safety. Therefore, the Court held Defendant's motion to suppress should have been granted. Reversed and remanded.