State v. Smalley

The state appeals an order suppressing evidence found during a warrantless search of defendant’s backpack. ORS 138.060(l)(c). It argues that the search was lawful under the automobile exception to the warrant requirement. We agree. Accordingly, we reverse and remand.

The relevant facts are not in dispute. Medford Police Officer Jewell conducted a lawful traffic stop of a pickup truck in which defendant was a passenger. During the course of that stop, Jewell obtained the driver’s consent to search the truck. Upon opening the driver’s-side door, Jewell noticed the odor of marijuana. When he…