State v. Scheler
This text of 393 P.3d 275 (State v. Scheler) 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
In this criminal case, defendant appeals a judgment of conviction for unlawful possession of methamphetamine, ORS 475.894, assigning error to the trial court’s denial of his motion to suppress evidence obtained by police officers from a warrantless search of his backpack. He argues that the search was not a valid search incident to arrest and that it was not a lawful inventory. The state agrees with defendant on both points, and concedes that the trial court erred in denying defendant’s suppression motion. We agree, accept the state’s concession, and reverse and remand.
Reversed and remanded.
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Cite This Page — Counsel Stack
393 P.3d 275, 285 Or. App. 159, 2017 WL 1489037, 2017 Ore. App. LEXIS 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scheler-orctapp-2017.