State v. Cleland

In this case, involving the inventory search of an opaque container, the majority affirms the decision of the trial court upholding the search, relying on State v. Johnson , 153 Or.App. 535, 958 P.2d 887, rev. den. , 327 Or. 554, 971 P.2d 410 (1998). 289 Or.App. at 381, 410 P.3d at 387. I cannot find fault with that reasoning. I concur that our decision in Johnson does support the proposition that the search here was lawful.

However, the majority could reverse the trial court, relying on State v. Keller , 265 Or. 622, 629, 510 P.2d 568 (1973) and State v. Atkinson , 298 Or. 1, 7, 688 P.2d 832…