State v. Porter

Convicted of having unlawfully and knowingly possessed a dangerous drug in violation of ORS 167.207, defendant appeals assigning as error the court’s refusal to suppress evidence obtained by the state in the course of what is alleged to have been an "unreasonable” search, undertaken without "probable cause.”

On the morning of September 1, 1976, one Lionel Irving was taken into custody by Officers Larkin and Falkner of the Portland Police Bureau on two outstanding misdemeanor warrants. A search of his person conducted at that time revealed him to be in possession of small quantities of Valium…