OR: PC backpack contained evidence of theft; search incident permitted despite it being dropped over fence when police approached

Defendant was carrying a backpack that police had good reason to believe contained evidence of a theft. When the police came up, the backpack was tossed over a fence but was nearby. Dropping the backpack over the fence did not nullify the probable cause the officers already had it contained evidence of theft and it was close at hand. State v. Brownlee, 2020 Ore. App. LEXIS 351 (Mar. 4, 2020).

“In addition, Pedicini’s presence in a high-crime area, in the dark, in a rental car, all provide tangible support for Trooper Skipper’s suspicion that Pedicini might be armed. [¶] Moreover, Pedicini was unusually nervous. His nervousness was pervasive and manifested itself in several odd behaviors. The very first thing Pedicini told Trooper Skipper when he approached the driver’s side window was ‘I got two pairs of pants on ’cause I was working.’ This was suspicious and, without delving into what professions require wearing two pairs of pants at the same time, was an odd way to start a conversation with a police officer during a traffic stop.” United States v. Pedicini, 2020 U.S. App. LEXIS 6956 (6th Citr. Mar. 3, 2020).*

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