STATE v. ARMSTRONG FUNK (2020)

Court of Appeals of Oregon.

STATE of Oregon, Plaintiff-Respondent, v. Desiree Galena ARMSTRONG-FUNK, Defendant-Appellant.

A168574

Decided: January 02, 2020

Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Joshua B. Crowther, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, filed the brief for respondent.

Defendant appeals a judgment of conviction for unlawful possession of methamphetamine, ORS 475.894, arguing that the trial court erred in denying her motion to suppress evidence found during a warrantless search of her motel room. She asserts that the search was not justified by an exception to the warrant requirement and violated Article I, section 9, of the Oregon Constitution. The state concedes that no exception to the warrant requirement justified the warrantless search of defendant's room. We agree that, under the circumstances presented here, the trial court erred in denying defendant's motion to suppress; we accept the state's concession and reverse and remand.

Reversed and remanded.

PER CURIAM

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