State v. Smith

The state petitions for reconsideration of our decision in State v. Smith, 236 Or App 5, 237 P3d 853 (2010), arguing that our conclusion that defendant’s consent to a search of his person was invalid is erroneous in light of the Supreme Court’s overriding analysis in State v. Ashbaugh, 349 Or 297, 244 P3d 360 (2010) (Ashbaugh II). We agree and grant reconsideration, withdraw our former opinion and disposition, and affirm defendant’s convictions because, in light of Ashbaugh II, the trial court properly denied defendant’s motion to suppress.

We take the undisputed facts from our prior opinion.

“D…