State v. Blair

Before his trial on a charge of possession of a controlled substance, defendant moved to suppress the state’s primary evidence—drugs that a police officer found in a war-rantless but purportedly consensual search of defendant’s backpack—on the ground that they were obtained in violation of Article I, section 9, of the Oregon Constitution. The trial court denied the motion and defendant was convicted. The Court of Appeals reversed and remanded, concluding that defendant’s consent to the search of his backpack did not extend to untying and looking into an opaque grocery bag, inside the…