State v. Jansen

Defendant was convicted of possession of heroin, ORS 475.854, based on evidence discovered in a zippered pouch that police opened during an inventory at the Douglas County Jail. On appeal, defendant argues that the court erred in denying her motion to suppress that evidence because the jail’s inventory policy, which gives officers unbridled discretion to open closed containers, is unconstitutional. See State v. Atkinson, 298 Or 1, 10, 688 P2d 832 (1984) (a constitutionally permissible inventory must be conducted “pursuant to a properly authorized administrative program, designed and…