State v. Ridderbush

This is a criminal case in which we are called on to determine whether the trial court’s denial of defendant’s motion to suppress a straight razor discovered in a small black box was error under Article I, section 9, of the Oregon Constitution as either: (1) an improper search incident to arrest; or (2) an improper inventory search. We reverse and remand.

It was error for the trial court to deny defendant’s motion to suppress, because the search at the police station which revealed the razor was improper both as a search incident to arrest under State v. Caraher, 293 Or 741, 653 P2d 942…