State v. Hoskinson

*85FADELEY, J.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. He seeks suppression of evidence of a controlled substance obtained by police who conducted a warrantless search of his wallet incident to a lawful arrest. At issue is the validity of that search under Article I, section 9, of the Oregon Constitution.1 The trial court denied defendant’s motion to suppress the evidence found in his wallet. The Court of Appeals affirmed. State v. Hoskinson, 123 Or App 305, 859 P2d 576 (1993). We reverse.

A police officer saw defendant driving his car. The officer…