State v. Taylor

279 P.3d 254, 250 Or. App. 90, 2012 WL 1711077, 2012 Ore. App. LEXIS 616
CourtCourt of Appeals of Oregon
DecidedMay 16, 2012
DocketCFH090187; A144468
StatusPublished
Cited by6 cases

This text of 279 P.3d 254 (State v. Taylor) 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.

Bluebook
State v. Taylor, 279 P.3d 254, 250 Or. App. 90, 2012 WL 1711077, 2012 Ore. App. LEXIS 616 (Or. Ct. App. 2012).

Opinion

SERCOMBE, J.

Defendant was convicted of possession of methamphetamine, ORS 475.894. He appeals, assigning error to the trial court’s denial of his motion to suppress evidence found in a closed container — a cigarette box — during a warrantless search of his person. The trial court concluded that, although the search was unlawful, the evidence was nevertheless admissible because the police inevitably would have discovered it pursuant to a valid jail inventory policy. Defendant argues that the inventory policy at issue would not have permitted the search of his cigarette box and that, in any event, the policy is constitutionally infirm. We conclude that the inventory policy violates Article I, section 9, of the Oregon Constitution.1 Accordingly, we reverse and remand.

The relevant facts are undisputed. Defendant was arrested on suspicion of domestic assault. The arresting officer handcuffed defendant and searched his pockets for weapons. The officer found a cigarette box, which he seized and handed to a second officer. That officer opened the cigarette box and discovered what he suspected, and defendant admitted, was methamphetamine.

Defendant was charged with possession of a controlled substance. Before trial, he moved to suppress the evidence found during the warrantless search of the cigarette box, arguing that it had been obtained in violation of Article I, section 9. The state argued that the search was justified as a valid “search incident to arrest.” Alternatively, the state argued that the evidence inevitably would have been discovered during an inventory of defendant’s property at the Umatilla County Jail. The applicable inventory policy provided, in relevant part:

“POLICY: It shall be the policy of the Umatilla County Jail (UCJ) to ensure that all arrestee/inmate personal property is received, inventoried, stored, and released [93]*93in a safe, secure and systematic manner, in accordance with the law. This policy ensures the safety of the facility through effective weapons and contraband control! ] and establishes authority to conduct inventories of the personal possessions of arrestees during pre-booking, the booking process, or lodging at UCJ. The purpose of this policy is to inventory the property of the arrestee to protect private property, reduce or prevent false claims for lost or stolen property, and protect people and property from any hazardous condition or instrument which may be with an arres-tee’s personal property.
“DEFINITIONS:
“Contraband: Any item which presents a safety and/or security concern to the UCJ, staff, or arrestee shall be considered contraband.
“Personal Property: Includes, but [is] not limited to, all clothing, jewelry, and money.
“PROCEDURE:
“Processing and/or Lodging: When an arrestee is brought to the UCJ for processing and/or lodging all personal property shall be inventoried. Property shall be searched to ensure no weapons, drugs, or contraband items are brought into the UCJ and authorized property is properly stored. Any item which may cause concern for the safety and/or security of the UCJ, staff, or arrestee/inmate shall be considered contraband and may be confiscated.
“Property of Arrestee — Pre-Booking Process: Personal property from the arrestee’s pocketsf ] (money, wallet, etc.)[J outer clothing, purses, jewelry, belts, or other items deemed appropriate shall be removed, inventoried, searched, and documented on the Property Receipt Form and safely stored. Officer and arrestee will sign the Property Receipt Form, noting the confiscation of property taken.”

(Numbering omitted; underscoring and boldface in original; emphasis added.)

The trial court rejected the state’s first argument but agreed that, in any event, the jail inventory policy would have authorized the search of the cigarette box. The court concluded that,

[94]*94“[w]hile it might be better that the policy clearly state that closed containers will be examined for contraband or dangerous things or substances, the policy essentially states such, and is constitutional and eliminates any arguable discretion that the corrections officers could have in inventorying and logging an inmate’s property. The evidence found, the methamphetamine in the cigarette packet, otherwise obtained in violation of a defendant’s rights under Article I, section 9, are admissible as the state has demonstrated * * * that police would have used certain proper and predictable investigatory procedures * * * that would inevitably have resulted in discovery of the evidence at issue.”

Defendant subsequently entered a conditional guilty plea, reserving the right to appeal the denial of his motion to suppress.

On appeal, defendant argues that the inventory policy would not have authorized a search of his cigarette box and that, if it did, the policy would not meet the constitutional requirements set forth in State v. Atkinson, 298 Or 1, 688 P2d 832 (1984). As to the latter argument, defendant contends that the policy does not eliminate officer discretion about which containers to search and, in effect, allows an officer to indiscriminately rummage through an arrestee’s property. Furthermore, to the extent that the policy explicitly or implicitly authorizes searching closed containers for dangerous property, such as “weapons, drugs, or contraband items,” defendant argues that the policy goes beyond the permissible purposes of an inventory under Atkinson.

The state responds that the policy requires a booking officer to “search” all personal property for weapons, drugs, and contraband. Thus, in the state’s view, an officer has no discretion regarding what property to search — the officer must search all personal property, including closed containers, that “he or she reasonably believes contains weapons, drugs, or contraband items.” The state argues that that policy “is not overly broad in scope because [it] is limited to property that could reasonably contain weapons, drugs, and contraband items. * * * [T]he scope is rationally related to the purpose of keeping the jail facility safe.”

[95]*95Under Article I, section 9, a warrantless search is per se unreasonable unless it is conducted pursuant to a recognized exception to the warrant requirement. State v. Connally, 339 Or 583, 587, 125 P3d 1254 (2005). Here, there is no contention that a “recognized exception” justified the warrantless search of defendant’s cigarette box at the time of his arrest.2 Rather, the only issue presented is whether the evidence obtained as a result of that unlawful search inevitably would have been discovered, absent the unlawful police conduct, pursuant to a valid jail inventory policy. See State v. Hall, 339 Or 7, 25, 115 P3d 908 (2005) (state may establish that illegally obtained evidence is admissible by proving that “the police inevitably would have obtained the disputed evidence through lawful procedures even without the violation of the defendant’s rights under Article I, section 9”).

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Cite This Page — Counsel Stack

Bluebook (online)
279 P.3d 254, 250 Or. App. 90, 2012 WL 1711077, 2012 Ore. App. LEXIS 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-orctapp-2012.