Court finds officer’s search unconstitutional

PORTLAND, Ore. (AP) — The Oregon Court of Appeals has ruled that a sheriff’s deputy conducted an illegal search of a Utah driver stopped in Douglas County.

The appeals court decision reversed a judge’s ruling to allow a fanny pack that contained methamphetamine and paraphernalia into evidence.

A Douglas County sheriff’s deputy stopped Utah driver William DeLong in May 2009. He detained him while trying to confirm his identity.

The deputy asked DeLong if he had anything of concern in the vehicle. DeLong said no, and offered to let the deputy search his vehicle.

The appeals court ruled Wednesday that the deputy failed to read DeLong his rights, so the search was illegal.

The case has been sent back to Douglas County Circuit Court, and the fanny pack cannot be used as evidence.