State v. Gotham

Because I do not agree with the majority that Officer Berg was authorized, without a warrant, to open and thereby search the opaque container that he seized from defendant, I dissent.

To put the question in proper perspective, it is necessary to return to State v. Lowry, 295 Or 337, 667 P2d 996 (1983). The defendant had been stopped lawfully and was arrested for driving under the influence of intoxicants. After he was handcuffed, an officer took from his clothing a small, closed, transparent pill bottle that contained a white powder. The bottle was seized by the officer and, later, without a…