State v. Musalf

WILSON, S. J.

Defendant appeals a judgment convicting him of unlawful possession of a Schedule I controlled substance, ORS 475.752(3)(b). He assigns error to the trial court’s denial of his motion to suppress evidence. Specifically, defendant contends that the warrantless search of the inside of his pocket, which yielded a plastic container holding the drugs, was neither consensual nor justified by the officer safety exception to the warrant requirement and, thus, violated his rights under Article I, section 9, of the Oregon Constitution and the Fourth Amendment to the United States…