Submitted July 12, 2019
Washington County Circuit Court 17CR54389; D. Charles Bailey,
G. Lannet, Chief Defender, Criminal Appellate Section, and
Sarah De La Cruz, Deputy Public Defender, Offce of Public
Defense Services, fled the brief for appellant.
F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor
General, and Greg Rios, Assistant Attorney General, fled the
brief for respondent.
Ortega, Presiding Judge, and Powers, Judge, and Landau,
Summary: Defendant appeals from a judgment of conviction for
unlawful possession of methamphetamine. He assigns error to
the trial court's denial of his motion to suppress
evidence obtained during an inventory of his backpack.
Held: The trial court did not err. The inventory of
defendant's backpack was conducted pursuant to an
inventory policy authorizing the inventory of items
"designed for or likely to contain money or small
valuables," which includes a backpack.
Or.App. 181] LANDAU, S. J.
appeals a judgment of conviction for unlawful possession of
methamphetamine. ORS 475.894. He assigns error to the trial
court's denial of his motion to suppress evidence
obtained during an inventory of his possessions and to the
imposition of special conditions of probation. We reject his
assignment concerning the conditions of probation without
discussion and write only to address the trial court's
denial of the motion to suppress. For the following reasons,
relevant facts are not in dispute. Defendant's mother
called police to report that her son was "high on
meth" and hiding underneath her car in an agitated
state. City of Tualatin Police Officer Neumeister responded.
When he arrived, defendant's erratic behavior led
Neumeister to believe that he had probable cause to detain
defendant on "a police officer hold to take him to a
had a backpack in his possession at the time. Neumeister
described it as a "black backpack, normal type,
size," a "normal, standard backpack" that had
an outer pocket. He said that it was not a "backpacking
backpack." Neumeister inventoried the contents of the
backpack, which contained a clear plastic baggie containing
methamphetamine and other evidence of methamphetamine
inventoried the backpack pursuant to a City of Tualatin
policy that requires police officers to "inventory the
personal property of a person taken into police
custody," including when a person is transferred to a
treatment facility. The policy further provides that certain
types of closed containers "shall be opened for
inventory," including "wallets, purses, coin
purses, fanny packs, personal organizers, briefcases or other
closed containers designed for or likely to contain money or
state charged defendant with unlawful possession of
methamphetamine. He moved to suppress the evidence that
Neumeister found in his backpack, arguing that the City of
Tualatin inventory policy did not authorize the officer to
open the backpack because backpacks were not listed as a type
of closed container that officers [299 Or.App. 182] are
authorized to open when taking a person into custody.
According to defendant, the state was required to produce
evidence "about what makes this particular backpack
interesting or unique" so that it was likely that it
would contain valuables. The trial court rejected the
argument and denied the motion to suppress. The court
"The policy allows for search of fanny packs-I'm not
going to go through all of them-personal organizers or
briefcases or here, which I think the State is relying on,
other closed containers designed for or likely to contain
money or small valuables.
"I think there's a fair argument that, quite
frankly, all those-is a backpack a fanny pack? Certainly
purposes are similar, certainly within the spirit and
it's-or it could be a personal ...