State v. Sigfridson

DUNCAN, J. pro tempore

Defendant appeals a judgment of conviction on one count of possession of heroin, ORS 475.854, arguing that the trial court erred in denying his motion to suppress physical evidence—a syringe, a “cooker,” and a small plastic baggie and its contents—that was discovered by a sheriffs deputy while taking defendant into custody on a probation violation. The trial court ruled that the items were discovered as the result of questioning that violated defendant’s Miranda rights, but it concluded that the evidence inevitably would have been discovered as part of a search incident…