State v. Tegland

Defendant appeals a judgment of conviction for one count of possession of methamphetamine, ORS 475.894, and one count of erecting a structure on a public right of way, in violation of Portland City Code (PCC) 14A.50.050. He assigns error to the trial court’s denial of his motion to suppress evidence found after a police officer lifted a tarp to defendant’s makeshift shelter that partially blocked a public sidewalk. We conclude that the officer’s action did not effect an unlawful search in that defendant had no constitutionally protected privacy interest associated with the structure.…