State v. Perkins

Defendant appeals from his conviction, following a jury trial, of driving under the influence of intoxicants (DUII), ORS 813.010(1)(b). He assigns error to, inter alia, the denial of his motion to suppress a thermos-like coffee cup, containing an alcoholic beverage, that was found between the driver and passenger seats during a post-impoundment inventory of his truck. The state acknowledges that, in light of State v. Eldridge, 207 Or App 337, 142 P3d 82 (2006), the inventory was invalid, rendering the seizure of the container unlawful under Article I, section 9, of the Oregon Constitution.…