State v. Dills

The state appeals from an order suppressing as evidence some amphetamines found during a search of the defendant. The trial court found that the seizure was violative of the rule of State v. Elkins, 245 Or 279, 422 P2d 250 (1966), in that the officer did not have probable cause to believe the seized material to be contraband.

The material facts are not in dispute. The defendant was stopped in traffic and arrested pursuant to an outstanding warrant. In the course of a search pursuant to arrest, the officers found a vial of pills. Based upon his training and experience, the officer testified, he…