State v. Porter

The issue in this criminal case is whether, after discovering and seizing evidence of an open container violation 1 — an open can containing beer — an officer lawfully searched defendant’s car for additional open containers. We hold that the search was unlawful and that the trial court should have suppressed evidence that resulted from it. Accordingly, we reverse the decision of the Court of Appeals, which affirmed the judgment of the trial court. State v. Porter, 102 Or App 22, 792 P2d 471 (1990).

The trial court made no findings of fact when it ruled on the motion to suppress evidence. For…