State v. Lamoreux
271 Or. App. 757
| Or. Ct. App. | 2015Background
- Deputy Povolny stopped defendant for expired license plate registration and learned defendant was on probation for drug offenses.
- Defendant was told to check in with his probation officer; the deputy did not inform him why probation was imposed.
- Povolny asked to search the car; defendant gave broad, unqualified consent and exited the vehicle with his passenger.
- A backpack on the backseat, later opened, was found; defendant admitted the backpack and its contents belonged to him and noted a marijuana pipe would be found.
- Povolny searched the backpack in defendant's clear view and found a bag with drugs; defendant did not revoke or narrow his consent during the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the backpack search exceed consent scope? | State argues Harvey-like breadth; consent to search car included containers. | Jacobsen-like case shows backpack not within scope unless explicitly authorized. | No; backpack search within scope of consent. |
| Is the Fourth Amendment argument preserved and/or meritorious? | State treats Article I, section 9 analysis as controlling; Fourth Amendment treated similarly. | Defense preserves federal claim; argues different scope. | Federal issue unnecessary to resolve; rejection of argument on merits. |
Key Cases Cited
- State v. Zamora, 237 Or App 514 (2010) (consent search framework under Article I, section 9)
- State v. Fugate, 210 Or App 8 (2006) (state must prove scope limitations by preponderance)
- State v. Harvey, 194 Or App 102 (2004) (casual vs. explicit search requests; scope includes containers when searching for drugs)
- State v. Baker/Jay, 232 Or App 112 (2009) (scope includes items where search targets might be found)
- State v. Jacobsen, 142 Or App 341 (1996) (search of a bag exceeded consent when not indicated to search for specific items)
- State v. Helow, 171 Or App 236 (2000) (consent not objected to or narrowed when search begins)
- Arroyo-Sotelo, 131 Or App 290 (1994) (content of the consent request informs scope)
- State v. Ehly, 317 Or 66 (1993) (standards for reviewing factual findings on suppression)