State v. Klein
This text of 247 P.3d 327 (State v. Klein) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Defendant appeals a judgment of conviction for one count of unlawful possession of methamphetamine, ORS 475.894, assigning error to the trial court’s denial of defendant’s motion to suppress methamphetamine found in a small box that police discovered on defendant’s person. Defendant argues that the police unlawfully stopped him without reasonable suspicion of a crime and that the search of the box was not justified by exigent circumstances. The state concedes that the police lacked exigent circumstances to justify opening the box without a warrant. State v. Barnum, 136 Or App 167, 174-75, 902 P2d 95 (1995), rev den, 323 Or 336 (1996). We agree and accept the concession.
Reversed and remanded.
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Cite This Page — Counsel Stack
247 P.3d 327, 240 Or. App. 428, 2011 Ore. App. LEXIS 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-klein-orctapp-2011.