State v. Knox

I agree with the majority’s explanation of why defendant may challenge the search of the black zipper pouch that the police found in a police car in which defendant had sat on the way to the station after his arrest. However, I disagree with the majority’s assertion that, by allegedly placing the pouch under the seat in the car, defendant had abandoned his Article I, section 9, interests in it. In reaching that conclusion, the majority ignores both controlling authority on what constitutes abandonment of rights in property and the Supreme Court’s emphasis in State v. Morton, 326 Or 466, 953…