State v. McClatchey

Defendant was charged with two counts of unlawful delivery of methamphetamine, ORS 475.890, two counts of unlawful possession of methamphetamine, ORS 475.894, and one count each of unauthorized use of a vehicle, ORS 164.135, and possession of a burglary tool or theft device, ORS 164.235. Before triál, defendant moved to suppress evidence of text messages found on a cell phone that was initially searched without a warrant and later searched again after the police had obtained a warrant. The trial court denied the motion on the ground that defendant did not assert a privacy interest in the…