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285 Or. App. 159

State v. Scheler

Court of Appeals of Oregon

Decided April 26, 2017

Court of Appeals of Oregon · decided 2017-04-26

Applies OR 475 § 475.894

Decided 2017-04-26

PER CURIAM

¶1In 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.

¶2Reversed and remanded.

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