State v. Brownlee

“A search incident to arrest is valid where an officer has probable cause to make an arrest, the search would likely uncover evidence of the crime of arrest, and the search is reasonable in time, scope, and intensity.” State v. Mazzola, 356 Or 804, 811-12, 345 P3d 424 (2015). “Whether a search incident to arrest is reasonable in scope and intensity is not dependent on an arrestee’s immediate possession, but whether the items searched was immediately associated with the arrestee at the time.” State v. Burgholzler, 185 Or App 254, 260, 59 P3d 582 (2002).

Defendant appealed a conviction for Unlawful Possession of Methamphetamine. Defendant assigned error to the trial court’s denial of her motion to suppress evidence from a search of her backpack and a scale inside. On appeal, Defendant argued: (1) the search of her backpack was impermissible because she no longer had it in her immediate control when she was arrested, and (2) the search of the scale exceeded the lawful scope of the search incident to arrest because there was no probable cause to look inside the lid. In response, the State argued: (1) the search of the backpack was lawful because Defendant had immediate control of it prior to arrest, and (2) the search of the scale was lawful because the officer developed reasonable suspicion of delivery while searching the backpack. “A search incident to arrest is valid where an officer has probable cause to make an arrest, the search would likely uncover evidence of the crime of arrest, and the search is reasonable in time, scope, and intensity.” State v. Mazzola, 356 Or 804, 811-12, 345 P3d 424 (2015). “Whether a search incident to arrest is reasonable in scope and intensity is not dependent on an arrestee’s immediate possession, but whether the items searched was immediately associated with the arrestee at the time.” State v. Burgholzler, 185 Or App 254, 260, 59 P3d 582 (2002). The Court found the backpack remained in Petitioner’s immediate association when the officer observed her carrying it and throwing it over a fence immediately before arrest. Thus, the Court held the search of the backpack was lawful, but because the lower court’s ruling was unclear when upholding the search of the scale, the Court remanded for clarification. Vacated and remanded; otherwise affirmed.