State v. Morton

I agree with the lead opinion’s disposition as to defendant Evans.

I feel compelled to follow State v. MacDonald, 105 Or App 102, 803 P2d 1211 (1990), rev den 311 Or 433 (1991), and other recent decisions by this court that hold that a defendant who denies having a possessoiy or ownership interest in the contraband that he or she is charged with possessing is foreclosed from seeking its exclusion under Article I, section 9. For that reason, I also concur in the lead opinion’s disposition as to defendant Morton. However, if we were writing on a clean slate, I would reach the opposite conclusion…