STATE v. WALKER

(C99-01-30487; CA A106371)

20 P.3d 834 (2001)

173 Or. App. 46

STATE of Oregon, Appellant, v. James WALKER, Respondent.

Court of Appeals of Oregon.

Decided March 14, 2001.


Attorney(s) appearing for the Case

Jonathan Fussner, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Christina L. Beatty-Walters, Assistant Attorney General.

Jennelle Hall, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Public Defender.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and CENICEROS, Senior Judge.


HASELTON, P.J.

The state appeals, assigning error to the trial court's suppression of evidence discovered in a bubble bottle during an inventory of defendant's car. ORS 138.060(3). The state argues that the warrantless search of the closed bubble container was valid because the container "announced its contents" to the officer. Alternatively, the state argues that the search of the container was valid under the automobile exception to the warrant requirement. We conclude...

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