State v. Hoskinson

The majority sustains a search of defendant’s wallet as a search incident to arrest on the sole basis that the officer articulated a “concern about a possibility” that it might contain a weapon or an instrument of escape. Because the majority fails to correctly analyze the requirement that the search incident to arrest must be reasonable and does not adhere to controlling cases, I dissent.

In State v. Caraher, 293 Or 741, 756, 653 P2d 942 (1982), the court said:

“One of the protections derived from the Oregon Constitution includes a recognition that a valid custodial arrest does not alone give…