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State v. Koloski

Court of Appeals of Oregon

July 16, 2014

STATE OF OREGON, Plaintiff-Respondent,
v.
ANDREW RAYMOND KOLOSKI, Defendant-Appellant

Argued and Submitted February 19, 2014

Lane County Circuit Court 201120378. Charles M. Zennache', Judge.

Conviction for unlawful possession of methamphetamine reversed and remanded; remanded for resentencing; otherwise affirmed.

Robin A. Jones, Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Greg Rios, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Before Ortega, Presiding Judge, and DeVore, Judge, and Edmonds, Senior Judge.

OPINION

Page 1266

[264 Or.App. 319] PER CURIAM

Defendant appeals his judgment of conviction for unlawful possession of methamphetamine, in violation of ORS 475.894, challenging the trial court's denial of his motion to suppress evidence found during a police officer's search of his backpack and a small opaque container discovered in the backpack at the scene of his arrest.[1] In particular, defendant argues that the arresting officer searched the container without a warrant or an exception to the warrant requirement and, therefore, violated his rights to be free from unreasonable searches and seizures under Article I, section 9, of the Oregon Constitution, and the Fourth Amendment to the United States Constitution. The state contends that the evidence was admissible because it would have been inevitably discovered under the Lane County Sheriff's Office inventory booking policy, and that that inventory booking policy is constitutional because such a policy is necessary to prevent dangerous chemicals or explosive devices from entering the jail's storage facilities. Our recent decision in State v. Davis, 262 Or.App. 555, 325 P.3d 790 (2014), which held that a version of the Lane County inventory booking policy virtually identical to the one at issue here was constitutionally deficient, is dispositive of the issue. Therefore, the trial court's denial of defendant's motion to suppress was error. Accordingly, we reverse and remand his conviction for unlawful possession of methamphetamine and otherwise affirm.

Conviction for unlawful possession of methamphetamine reversed and remanded; remanded for resentencing; otherwise affirmed.


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