State v. Sanchez-Anderson, 455 P.3d 531

Defendant Rosa Maria Sanchez-Anderson was convicted (bench trial on stipulated facts) of unlawful possession of heroin, unlawful possession of methamphetamine, and unlawful delivery of methamphetamine; she appealed suppression denials and the convictions were reversed and remanded.
Officer Haugen observed a rental truck at a motel known for drug activity, saw a lock box and a large scale through the window, and learned the driver (Mauel) was on post-prison supervision for heroin.
Haugen stopped the truck for a minor traffic infraction; defendant was the passenger, gave a name that returned "unable to locate," and appeared ill with facial sores (indicative to the officer of active drug use).
A drug-detection dog alerted; Haugen searched the truck and found used syringes with white crystalline and brown substances, a scale caked with methamphetamine residue, many baggies, and over $4,000 in cash; an uncapped used syringe was found under the passenger seat.
Haugen arrested defendant for unlawful possession of methamphetamine; a warrantless search of her person/purse yielded methamphetamine, syringes, baggies, a scale, three cellphones, and cash; a warrant later authorized searches of the phones.
On appeal the court held the warrantless arrest lacked objective probable cause (constructive-possession analysis), so the incident search and subsequent cellphone evidence were fruit of the unlawful arrest and suppressed; judgment reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officer had probable cause to arrest passenger for unlawful possession of methamphetamine based on proximity to vehicle contraband and attendant facts	Totality of circumstances (scale, lock box, large baggies, cash, used syringe under passenger seat, defendant's appearance and false identity, connection to driver) supported an inference defendant was connected to a sizable drug-trafficking operation and thus constructively possessed methamphetamine	Mere passenger status with brief exposure to the truck and no indication of control or awareness of concealed contraband; no furtive gestures or other link; false name and speculation (sex-for-drugs) insufficient	No probable cause: officer lacked an objectively reasonable belief defendant more likely than not constructively or actually possessed the methamphetamine; arrest unlawful
Whether cellphone evidence obtained after arrest should be suppressed	Phones were lawfully seized incident to arrest and later searched pursuant to warrant	Phones were seized as the fruit of an unlawful arrest and any subsequent warrant search was tainted	Suppressed as fruit of the unlawful arrest; because arrest lacked probable cause the court reversed and remanded

State v. Keller, 280 Or. App. 249 (Or. Ct. App. 2016) (constructive-possession requires facts linking a passenger’s presence to a right to control contraband)
State v. Fry, 191 Or. App. 90 (Or. Ct. App. 2003) (discovery of a syringe under a seat, without other linking facts, insufficient to infer constructive possession)
State v. Sherman, 270 Or. App. 459 (Or. Ct. App. 2015) (evidence of a joint drug-dealing enterprise can establish constructive possession)
State v. Leyva, 229 Or. App. 479 (Or. Ct. App. 2009) (extended joint travel with contraband supports passenger’s constructive possession)
State v. Coria, 39 Or. App. 507 (Or. Ct. App. 1979) (length and context of travel can show passenger was more than a mere passenger)
State v. Webber, 281 Or. App. 342 (Or. Ct. App. 2016) (officer training and experience must be tied to objective facts to support probable cause)
State v. Miller, 345 Or. 176 (Or. 2008) (probable-cause standard for warrantless arrests under the Oregon Constitution)