State v. Morton

This is a criminal case in which defendant was charged with unlawful possession of a controlled substance, ORS 475.992(4)(b), and with unlawful delivery of a controlled substance, ORS 475.992(l)(b). The central issue is whether the police lawfully seized a small container that defendant dropped during an arrest. That issue is clouded by two other issues: (1) because defendant denied, at the time of the seizure, that the container belonged to her, the state argues that defendant does not have standing to contest the seizure; and (2) defendant argued at trial, and the trial court found, that…