Court of Appeals of Oregon, 2017

State v. Scheler

State v. Scheler
Court of Appeals of Oregon · Decided April 26, 2017 · Dehoog, Flynn, Sercombe, Tempore
285 Or. App. 159; 393 P.3d 275; 2017 WL 1489037; 2017 Ore. App. LEXIS 511

State v. Scheler

Opinion of the Court

PER CURIAM

In this criminal case, defendant appeals a judgment of conviction for unlawful possession of methamphetamine, ORS 475.894, assigning error to the trial court’s denial of his motion to suppress evidence obtained by police officers from a warrantless search of his backpack. He argues that the search was not a valid search incident to arrest and that it was not a lawful inventory. The state agrees with defendant on both points, and concedes that the trial court erred in denying defendant’s suppression motion. We agree, accept the state’s concession, and reverse and remand.

Reversed and remanded.

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