State v. Cloman

456 P.2d 67, 254 Or. 1, 1969 Ore. LEXIS 323
CourtOregon Supreme Court
DecidedJune 18, 1969
StatusPublished
Cited by145 cases

This text of 456 P.2d 67 (State v. Cloman) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cloman, 456 P.2d 67, 254 Or. 1, 1969 Ore. LEXIS 323 (Or. 1969).

Opinions

DENECKE, J.

The sole issue is whether evidence introduced by the state was obtained by an illegal search and seizure.

Officers Daggett and Lindholm were motor patrolling in northeast Portland in the early morning. The police radio broadcasted the following information: At 4:00 a.m. that morning a truck had been observed backed up to a garage at a residence on NE Going Street, Portland; it was reported that tires were being unloaded into the garage.

Other officers investigated and observed a Cadillac four-door, bearing a certain license number, described [4]*4as light blue or light colored, parked next to a truck. Neither the Cadillac nor the truck had lights on and both vehicles drove away when a police vehicle approached. An officer stopped the Cadillac and the three occupants were identified as the defendant do-man and two others, all known to the police as copper wire thieves. The Cadillac and its occupants were permitted to drive away. The officer who stopped the Cadillac then investigated the garage and found a large part of it was filled with rolls of copper wire. (Some of the rolls had paper wrapping and could be mistaken for new tires with paper wrapping, which probably accounted for the initial report that tires were being unloaded.) At least one roll was tagged “Hembree Electric Company.” A photograph of the wire as it was piled in the garage at the time creates the strong inference that this wire did not come into this garage in a legitimate commercial transaction. These observations of the investigating officers were radioed to officers Daggett and Lindholm.

Shortly before 5:00 a.m. Officers Daggett and Lindholm saw a light-colored Cadillac about a mile from the Going Street address. It is uncertain whether the Cadillac stopped voluntarily or in response to some command of the officers. In any event, it stopped, Cloman got out and walked back toward the officers’ car. Officer Daggett recognized Cloman and knew that he had a reputation as a copper wire thief. Officer Lindholm testified he believed the two men who had been reported with Cloman left the car and ran away during a period when the Cadillac had for a few moments vanished from the officers’ observation.

The officers testified that the defendant was wearing. overalls and was perspiring. According to the [5]*5officers, the defendant did not answer their inquiry about what he was doing in the area. He was arrested on an “after hours” charge and the trunk of the car was searched. Copper wire which was later found to be stolen was found in the trunk.

The car which the defendant was driving was a two-door, white 1959 Cadillac with a different license number than that reported on the car initially stopped on Going Street.

The defendant filed a motion to suppress the use of the wire found in the trunk as evidence. After an evidentiary hearing the trial court denied the motion. No findings of fact were made; however, the trial court stated that it was not basing its ruling upon any right of search which might stem from the “after hours” arrest.

We agree with the trial court that the “after hours” arrest cannot justify the search and seizure.

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Bluebook (online)
456 P.2d 67, 254 Or. 1, 1969 Ore. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cloman-or-1969.