State v. Lippert

The officer in this case brought defendant to jail, inventoried the objects in his pockets, seized one object that announced its contents and subjected those contents to confirmatory chemical testing. Because I believe that each step in that process was lawful and that lawfully obtained evidence may be used in a subsequent prosecution, I respectfully dissent.

It is undisputed that Pfaff was authorized to transport defendant to jail for detoxification. ORS 426.460(3). It is also undisputed that, when an intoxicated individual is brought to jail for that purpose, the booking officer may conduct…