State v. Lippert

*431BUTTLER, P. J.

The state appeals from an order granting defendant’s motion to suppress the contents of a paperfold removed from defendant’s pocket after he had been taken into protective custody for detoxification. ORS 426.460.1 The paperfold was found to contain cocaine. The question is whether that evidence can be used in a criminal prosecution.

Officer Pfaff was dispatched to a fraternal club, where he encountered defendant sitting on the sidewalk, highly intoxicated; he had twice been removed from the club by the manager. Instead of arresting defendant for criminal trespass and resisting…