State v. Harvey

Defendant appeals a judgment of conviction for possession of a controlled substance, ORS 475.992(4)(b), arguing that the trial court erred in denying a motion to suppress evidence obtained pursuant to a consent search. According to defendant, the search exceeded the scope of his consent in violation of Article I, section 9, of the Oregon Constitution. We affirm.

The relevant facts are not disputed. Officers DeLange and Alexander went to a residence as part of an unrelated robbery investigation. They knocked at the door, but there was no answer. DeLange walked to the side of the house, while…