State v. Cherry

Defendant, who entered a conditional plea of guilty, ORS 135.335(3), to two counts of identity theft, ORS 165.800, and one count of giving false information to a peace officer, ORS 162.385, appeals from the resulting judgment, assigning error to the trial court’s denial of his motion to suppress evidence.1 We agree with defendant that (1) he was searched in violation of Article I, section 9, of the Oregon Constitution2 when a jail deputy, pursuant to an invalid administrative inventory policy, removed checks from defendant’s pocket, and (2) the evidence discovered as a result of the search…