State v. Ray

Defendant was convicted of two counts of unlawful possession of a controlled substance. ORS 475.992. At trial, defendant sought to suppress evidence on the ground that it was gathered in the course of an unlawful search of the vehicle in which defendant was a passenger. The trial court concluded that, although the search was unlawful under ORS 810.410(3)(b) (1995), 1 the later discovery of a warrant for defendant’s arrest “purged the taint” of the previous unlawful search. Defendant appealed, and we affirmed on the alternative ground that ORS 136.432 (also known as Senate Bill 936) applied…