State v. Hernandez

"Officers may conduct a warrantless search incident to a defendant’s arrest when (1) the search relates to the crime for which the officer has arrested the defendant or a crime for which the officer has probable cause to believe that the defendant has committed and (2) the search is reasonable under the totality of the circumstances." State v. Owens, 302 Or 196, 204, 729 P2d 524 (1986).

The State appealed an order from the trial court which granted Defendant's motion to suppress evidence that was found in Defendant's vehicle after Defendant was arrested for Interfering with a Peace Officer. On appeal, the State argued that the search was a valid search incident to arrest because the officer searched the vehicle to determine Defendant's motive for disobeying the lawful order. In response, Defendant argued that the search was not reasonable because any evidence for which the officer could have been looking for was only minimally relevant to the crime of arrest. "Officers may conduct a warrantless search incident to a defendant’s arrest when (1) the search relates to the crime for which the officer has arrested the defendant or a crime for which the officer has probable cause to believe that the defendant has committed and (2) the search is reasonable under the totality of the circumstances." State v. Owens, 302 Or 196, 204, 729 P2d 524 (1986). The Court found that the trial court erred in granting defendant's motion to suppress. The Court held that it was reasonable for the officer to believe that evidence of Defendant's motive would be concealed in the location where Defendant reached, and evidence bearing on Defendant's motive for disobeying the officer's orders was reasonably related to the crime of arrest. Reversed and remanded.