State v. Jones

• Court: Oregon Court of Appeals
• Area(s) of Law: Evidence
• Date Filed: 12-30-2015
• Case #: A156414
• Judge(s)/Court Below: Armstrong, P.J.; Hadlock, J.; & Allen J. pro tem. Per Curiam.

Evidence of a nonconsensual warrantless search of a defendant's pocket and the subsequent search of a cigarette pack found in the pocket that did not fall under an exception to Article I, section 9, of the Oregon Constitution should have been suppressed.

Defendant appealed his conviction for possession of methamphetamine following the trial court's denial of a motion to suppress evidence of a warrantless search of his pocket and the subsequent warrantless search of the cigarette pack found in Defendant's pocket. The Court held the searches did not fall under any exception to Article I, section 9, of the Oregon Constitution, and the record did not support the finding below that Defendant consented to the search. Reversed and remanded.

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