STATE v. TAYLOR
279 P.3d 254 (2012)
250 Or. App. 90
STATE of Oregon, Plaintiff-Respondent,
David Brian TAYLOR, Defendant-Appellant.
Court of Appeals of Oregon.
Argued and Submitted February 28, 2012.
Decided May 16, 2012.
Eric Johansen, Senior Deputy Public Defender, argued the cause for appellant. With him on the briefs was Peter Gartlan, Chief Defender, Office of Public Defense Services.
Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and EDMONDS, Senior Judge.
Defendant was convicted of possession of methamphetamine, ORS 475.894. He appeals, assigning error to the trial court's denial of his motion to suppress evidence found in a closed container-a cigarette box-during a warrantless search of his person. The trial court concluded that, although the search was unlawful, the evidence was nevertheless
admissible because the police inevitably would have discovered it pursuant to a valid jail inventory policy. Defendant argues that the inventory policy at issue would not have permitted the search of his cigarette box and that, in any event, the policy is constitutionally infirm. We conclude that the inventory policy violates Article I, section 9, of the Oregon Constitution.1 Accordingly, we reverse and remand.
The relevant facts are undisputed. Defendant was arrested on suspicion of domestic assault. The arresting officer handcuffed defendant and searched his pockets for weapons. The officer found a cigarette box, which he seized and handed to a second officer. That officer opened the cigarette box and discovered what he suspected, and defendant admitted, was methamphetamine.
Defendant was charged with possession of a controlled substance. Before trial, he moved to suppress the evidence found during the warrantless search of the cigarette box, arguing that it had been obtained in violation of Article I, section 9. The state argued that the search was justified as a valid "search incident to arrest." Alternatively, the state argued that the evidence inevitably would have been discovered during an inventory of defendant's property at the Umatilla County Jail. The applicable inventory policy provided, in relevant part:
"POLICY: It shall be the policy of the Umatilla County Jail (UCJ) to ensure that all arrestee/inmate personal property is received, inventoried, stored, and released in a safe, secure and systematic manner, in accordance with the law. This policy ensures the safety of the facility through effective weapons and contraband control and establishes authority to conduct inventories of the personal possessions of arrestees during pre-booking, the booking process, or lodging at UCJ. The purpose of this policy is to inventory the property of the arrestee to protect private property, reduce or prevent false claims for lost or stolen property, and protect people and property from any hazardous condition or instrument which may be with an arrestee's personal property.
"Contraband: Any item which presents a safety and/or security concern to the UCJ, staff, or arrestee shall be considered contraband.