State v. Durando

Defendant appeals a judgment of conviction for one count of failure to carry or present a license and one count of unlawful possession of less than one ounce of marijuana. In his first assignment of error, defendant argues that the trial court erred when it denied his motion to suppress a small bag of marijuana and an expired driver’s license located during a search following his arrest for failure to present a license. The state acknowledges that the search was unlawful under Article I, section 9, of the Oregon Constitution and that the trial court should have suppressed the challenged…