State v. Coop
State v. Coop
Opinion of the Court
*109Defendant appeals a judgment of conviction for felon in possession of a firearm, ORS 166.270, and possession of methamphetamine, ORS 475.894. He challenges his conviction for possession of methamphetamine, asserting that the trial court erred in denying his motion to suppress the methamphetamine. The state, for its part, concedes that the trial court should have granted the motion to suppress the methamphetamine, which was discovered when an officer reached into defendant's pocket to remove an item during a search incident to arrest.
After conducting a pat down and removing a knife that defendant acknowledged was in his pocket, the officer felt something hard, about the size of a AAA battery still in defendant's pocket. At the suppression hearing, the officer did not say that he had believed the item to be a weapon, but, instead, said that he wanted to know what the item was, and that it could have been a key or a small pocketknife. Under those circumstances, the state agrees with defendant that the search was unlawful and the methamphetamine should have been suppressed. See State v. Sigfridson ,
Conviction for possession of methamphetamine reversed and remanded; remanded for resentencing; otherwise affirmed.
Reference
- Full Case Name
- STATE of Oregon, Plaintiff-Respondent v. Danny Leroy COOP
- Cited By
- 1 case
- Status
- Published