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State v. Cordova

Summarized by: 

Date Filed: 06-13-2012
Case #: A145576
Haselton, C.J. for the Court; Armstrong, P.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A145576.pdf

Criminal Procedure: General Order 66.1.2 of the Marion County Sheriff's Office, allowing for the search of all closed containers that could contain valuables during an inventory search following arrest, is overly broad and therefore a violation of Article 1, section 9 of the Oregon State Constitution.

Defendant appealed four convictions including delivery and possession of a controlled substance, felon in possession of a firearm, and attempting to elude a police officer. Defendant was seen making two turns without signaling and was stopped by an officer. Defendant was placed under arrest for driving without a license and his car was then inventoried pursuant to Marion County Sheriff's Office General Order 66.2.1 which states, "all closed containers that could contain valuables shall be opened and checked for valuables." Upon opening a safe found in defendant's car, the officer discovered drugs, drug paraphernalia and a weapon. Defendant argued that the items found within the closed container should have been excluded at trial because General Order 66.2.1 is unconstitutionally overboard in violation of Article 1, section 9 of Oregon's Constitution. The Court of Appeals held that General Order 66.2.1 is overly broad and therefore violated Oregon's Constitution. Reversed and remanded.