State v. Brown

Defendant was convicted in a bench trial of possession and delivery of methamphetamine.1 Police officers found the methamphetamine, and other drug paraphernalia, when — without obtaining a warrant — they searched a McDonald’s bag belonging to defendant. At trial, defendant moved to strike the evidence of the contents of the McDonald’s bag,2 arguing that the officers’ search violated defendant’s rights to be free from “unreasonable searches” under Article I, section 9, of the Oregon Constitution and the Fourth Amendment to the United States Constitution. The trial court rejected that argument…