State v. Morton

Defendant appeals her conviction for unlawful possession of a controlled substance. ORS 475.992(4)(b). She assigns error to the denial of her motion to suppress evidence found in a cigarette case in her purse. We reverse.

The facts are undisputed. Defendant entered the New Oregon Motel in Eugene and approached the counter. A clerk asked her to wait until the clerk had finished other business. Defendant waited for a few minutes and then left, leaving her purse on the counter. The clerk saw the purse, opened it and found a cigarette case inside. She opened the case and found a syringe with…