- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 06-27-2012
- Case #: A145766
- Judge(s)/Court Below: Haselton, C.J. for the Court; Armstrong, P.J.; and Duncan, J.
Defendant appealed his conviction, based on a conditional plea, of possessing both heroin and methamphetamine. Deputies arrested Defendant after discovering Defendant possessed methamphetamine. During intake, a deputy noticed two 鈥渃anister vials鈥bout the size of a lipstick tube,鈥 hung from Defendant鈥檚 belt. Though the deputy had never seen such canisters before, the deputy believed that the canisters 鈥渃ould鈥 contain contraband. The deputy opened the canisters and discovered heroin. Defendant moved to suppress the heroin found, arguing that the inspection exceeded the scope of Marion County Sherriff鈥檚 Office Policy 3315. The trial court denied Defendant鈥檚 motion, stating that because the canisters 鈥渃ould鈥 contain contraband, the search was legal. The Court of Appeals held that the search did exceed the scope of the Sherriff鈥檚 Policy because it is not enough that the items searched 鈥渃ould鈥 contain contraband, they must be the kind that 鈥渢ypically鈥 contain contraband. The deputy who had opened the canisters had never before seen or heard of such items containing contraband, they were not the type that typically held contraband. Reversed and remanded.