Court of Appeals of Oregon, 2011

State v. Klein

State v. Klein
Court of Appeals of Oregon · Decided January 12, 2011 · Landau, Ortega, Sercombe
240 Or. App. 428; 247 P.3d 327; 2011 Ore. App. LEXIS 19

State v. Klein

Opinion of the Court

PER CURIAM

Defendant appeals a judgment of conviction for one count of unlawful possession of methamphetamine, ORS 475.894, assigning error to the trial court’s denial of defendant’s motion to suppress methamphetamine found in a small box that police discovered on defendant’s person. Defendant argues that the police unlawfully stopped him without reasonable suspicion of a crime and that the search of the box was not justified by exigent circumstances. The state concedes that the police lacked exigent circumstances to justify opening the box without a warrant. State v. Barnum, 136 Or App 167, 174-75, 902 P2d 95 (1995), rev den, 323 Or 336 (1996). We agree and accept the concession.

Reversed and remanded.

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