State v. Smith

Defendant appeals a judgment of conviction for unlawful possession of methamphetamine, ORS 475.894. He assigns error to the trial court’s denial of his motion to suppress evidence obtained as a result of a law enforcement officer’s warrantless patdown of his clothing. Defendant contends that the court erred when it determined that the patdown search was justified by the officer safety exception to the warrant requirement under Article I, section 9, of the Oregon Constitution.1 On review for errors of law, State v. Ehly, 317 Or 66, 74-75, 854 P2d 421 (1993), we conclude that the trial court…