State v. Lippert

In this criminal case, the trial court granted defendant’s pretrial motion to suppress the contents of a paperfold found in defendant’s pocket after he was taken into civil custody for detoxification. The Court of Appeals affirmed the suppression order. State v. Lippert, 112 Or App 429, 829 P2d 1020 (1992). We reverse and remand for further proceedings.

The relevant facts are undisputed. On February 24, 1990, the manager of the Elks Club in Burns called the police to complain about a person at the club. A police officer arrived and found defendant “highly intoxicated.” Rather than arrest…