State v. Fondren

Court of Appeals of Oregon

State v. Fondren

568 P.2d 721, 30 Or. App. 1045, 1977 Ore. App. LEXIS 1772

CourtCourt of Appeals of Oregon

DecidedSeptember 19, 1977

Docket20990, CA 7504

StatusPublished

Cited by6 cases

This text of 568 P.2d 721 (State v. Fondren) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Fondren, 568 P.2d 721, 30 Or. App. 1045, 1977 Ore. App. LEXIS 1772 (Or. Ct. App. 1977).

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Opinion

*1047 PER CURIAM.

The state appeals from an order suppressing contraband — marihuana and peyote — seized from the defendant’s automobile. As the trial judge found, the police had probable cause to think that defendant’s automobile contained the contraband. The police, without a warrant, seized the automobile which was on the parking lot maintained by defendant’s employer for employes, and had it towed to the police garage. The police thereafter obtained a search warrant.

The trial judge held that in addition to probable cause, exigent circumstances to seize or search an operable automobile must exist before such can be done without a warrant. This was error. See State v. Greene, 30 Or App 1019, 568 P2d 716 (1977).

Reversed and remanded.

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*1047 PER CURIAM.

The state appeals from an order suppressing contraband — marihuana and peyote — seized from the defendant’s automobile. As the trial judge found, the police had probable cause to think that defendant’s automobile contained the contraband. The police, without a warrant, seized the automobile which was on the parking lot maintained by defendant’s employer for employes, and had it towed to the police garage. The police thereafter obtained a search warrant.

The trial judge held that in addition to probable cause, exigent circumstances to seize or search an operable automobile must exist before such can be done without a warrant. This was error. See State v. Greene, 30 Or App 1019, 568 P2d 716 (1977).

Reversed and remanded.

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568 P.2d 721, 30 Or. App. 1045, 1977 Ore. App. LEXIS 1772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fondren-orctapp-1977.

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