State v. Barker, 348 P.3d 1138

Trooper Ratliff stopped a truck for suspected DWI; defendant was a passenger and the driver was on post-prison supervision.
Ratliff observed defendant with dilated pupils, bruxism, a "leathery" appearance, nervousness, and a messy truck — factors the trooper associated with drug use.
Defendant tightly clutched her purse and refused consent to search it; for safety the trooper placed the purse on the patrol car hood where it opened, revealing a digital scale.
Ratliff ran a records check showing defendant had a drug history, then searched the purse, found methamphetamine in the wallet, and arrested defendant.
Defendant moved to suppress the methamphetamine, arguing the warrantless purse search lacked probable cause; the trial court denied the motion as a valid search incident to arrest.
The appellate court reviewed whether, under the totality of circumstances, Ratliff had objectively reasonable probable cause to arrest (and therefore to search) before the search occurred.

Issue	State's Argument	Defendant's Argument	Held
Whether the warrantless search of the purse was a valid search incident to arrest (i.e., whether there was probable cause to arrest before searching).	The totality of circumstances — defendant’s protective behavior toward the purse, digital scale in the purse, signs of recent and long-term drug use, and defendant’s drug history — gave probable cause to arrest for possession.	Physical signs of drug use, a drug history, nervousness, and presence of a scale are insufficient alone or in combination to establish probable cause; refusal to consent or protective handling of a purse cannot be used to support probable cause.	The officer did not have objectively reasonable probable cause to arrest before the search; the search was not a valid search incident to arrest. Suppression should have been granted; conviction reversed and remanded.

State v. Hoskinson, 320 Or 83 (1994) (defines purposes of a search incident to arrest under Article I, §9)
State v. Kolb, 251 Or App 303 (2012) (signs of intoxication insufficient alone to support reasonable suspicion/possession; cautions against "stacking inferences")
State v. Lane, 135 Or App 233 (1995) (nervousness, scale, and drug residue did not supply probable cause to arrest or to open a closed container)
State v. Lavender, 93 Or App 361 (1988) (assertion of privacy by closing/withdrawing purse cannot be a basis for probable cause)
State v. McCoy, 155 Or App 610 (1998) (contrasting facts where defendant’s attempt to discard outerwear supported probable cause for search)
State v. Brown, 110 Or App 604 (1992) (refusal to consent to search cannot be used to create probable cause)
State v. Ehly, 317 Or 66 (1993) (standard of review on suppression motions and presumption of findings)