State v. Bailey

Defendant appeals his convictions by a jury on four counts of forgery in the first degree, ORS 165.013. He assigns error to the denial of his motion to suppress evidence removed from his pocket during a routine inventory after he had been taken into protective custody pursuant to ORS 426.460.1 We reverse.

Officer Cotterell saw defendant at 3:15 a.m., stumbling and staggering on a public sidewalk. He decided that defendant was intoxicated. He took defendant’s name and did a routine record check. The two spoke for a couple of minutes, and Cotterell made inquiries about taking defendant to a…