State v. Molatore

This criminal case is before us on defendant’s petition for review by the Supreme Court of our former opinion, State v. Molatore, 63 Or App 766, 665 P2d 1263 (1983). We treat the petition as one for reconsideration. ORAP Rule 10.10. We grant the petition, withdraw our former opinion, affirm the trial court’s order suppressing evidence and remand for trial.

The facts are fully set forth in our former opinion. Essentially, they are that defendant was taken into custody for detoxification and, while being checked into jail, was found to have in her possession a cellophane packet containing a…