State v. ROTTENKOLBER

Court of Appeals of Oregon
State v. ROTTENKOLBER, 190 P.3d 494 (2008)
221 Or. App. 503; 2008 Ore. App. LEXIS 1104
Landau, Schuman, Ortega

State v. ROTTENKOLBER

Opinion

*504 PER CURIAM

Defendant appeals a judgment of conviction for felon in possession of a restricted weapon. ORS 166.270(2). He assigns error to the trial court’s denial of his motion to suppress evidence found in his backpack following his arrest pursuant to an inventory policy that required police to inventory all property removed from a person before the person’s belongings may be placed in secure storage at the police station. He contends that the inventory policy was unlawful in that it authorized police to search all closed containers, not just those designed for, or likely to hold, valuables. The state concedes that the policy is unlawful and that the trial court erred in denying the motion to suppress on that ground. We agree with defendant and accept the state’s concession. State v. Eldridge, 207 Or App 337, 341, 142 P3d 82 (2006) (inventory policy may not require search of all containers in an impounded vehicle regardless of whether the container is normally associated with holding valuables).

Reversed and remanded.

Reference

Full Case Name
STATE OF OREGON, Plaintiff-Respondent, v. KYLE LLOYD ROTTENKOLBER, Defendant-Appellant
Cited By
1 case
Status
Published