State v. Newport

After the trial court denied his motion to suppress evidence, defendant was convicted of crimes involving the possession, manufacture, and delivery of marijuana. He appeals, arguing that the warrantless search of a backpack that officers found on the front seat of his truck, after he had been arrested approximately 10 feet from the vehicle, violated his rights under Article I, section 9, of the Oregon Constitution.1 The state argues that the trial court correctly applied the “search incident to arrest” exception to the warrant requirement. We reverse and remand.

The following facts are…