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State v. Tracy Banks
Citations: 797 P.2d 383; 103 Or. App. 312Docket: C88-05-33275, C88-07-34671, CA A51213 (control), and CA A51240
Court: Court of Appeals of Oregon; September 5, 1990; Oregon; State Appellate Court
Tracy Banks appeals his convictions for possession of a controlled substance and first-degree forgery. Banks argues that the trial court incorrectly denied his motion to suppress evidence obtained during a warrantless vehicle search. The case arose when Officer Berchard stopped Banks for driving with expired license plates. After determining that Banks had no driver's license and had been suspended, Berchard arrested him. Upon questioning, Banks provided a false name and claimed the car was registered in his name. However, the registration was found to be under another name, raising Berchard's suspicion. During the search for identification, Berchard discovered marijuana, drug paraphernalia, and a stolen wallet containing identification for “Robert Wilkinson.” Initially, Banks claimed these items belonged to a hitchhiker but later admitted ownership. The trial court ruled the search was lawful as an incident to the arrest for failing to present a driver's license. Although the appellate court acknowledged that the search might not have been justified strictly as a search related to the arrest, it upheld the search based on ORS 807.570(4), which allows officers to investigate a person’s identity after an arrest for failing to present a license. Since Banks provided inconsistent information regarding his identity, Berchard had probable cause to conduct the search. The appeal was affirmed, emphasizing that the evidence obtained was relevant to potential charges of providing false information to a police officer.