State v. Smith

The state appeals a pretrial order suppressing evidence resulting from the warrantless search of defendant’s person and his vehicle. The search and seizure occurred contemporaneously with defendant’s arrest for driving while suspended (DWS). He was later also charged with unlawful possession of a controlled substance, ORS 475.992(4) (b), which is the charge underlying this appeal. We conclude that the search and seizure violated Article I, section 9, of the Oregon Constitution, because it was not permissible incident to defendant’s DWS arrest, and affirm.

Around 8 a.m. on June 23, 1984,…