State v. Salkoski

An inventory policy may lawfully authorize police officers to open closed containers that are either designed to hold valuables or are likely to contain them. See State v. Hite, 266 Or App 710, 720, 338 P3d 803 (2014).

Defendant appealed from a judgment of conviction for unlawful possession of methamphetamine. ORS 475.894. Defendant assigned error to the trial court’s denial of his motion to suppress evidence that was obtained from his backpack. On appeal, Defendant argued that to open a closed container, such as a backpack, the container must be designed to hold valuables and the inventory policy must specifically direct the opening of such a container. Additionally, Defendant argued that the State produced no testimony that the backpack was specifically designed to carry valuables and as such it was improper for the police officers to search the backpack. In response, the State argued that the policy is not limited to closed containers that are specifically designed to carry valuables, but also includes those containers in which such valuables are likely to be stored. An inventory policy may lawfully authorize police officers to open closed containers that are either designed to hold valuables or are likely to contain them. See State v. Hite, 266 Or App 710, 720, 338 P3d 803 (2014). The Court of Appeals held that the trial court did not err in concluding that the search of Defendant’s backpack was authorized by the applicable inventory policy because backpacks, by their nature, typically are used to store valuables.

Affirmed.