State v. Hancke

Court of Appeals of Oregon

State v. Hancke

803 P.2d 784, 105 Or. App. 398, 1991 Ore. App. LEXIS 126

CourtCourt of Appeals of Oregon

DecidedJanuary 23, 1991

Docket88 CR 0548; CA A63015

StatusPublished

This text of 803 P.2d 784 (State v. Hancke) 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.

Bluebook

State v. Hancke, 803 P.2d 784, 105 Or. App. 398, 1991 Ore. App. LEXIS 126 (Or. Ct. App. 1991).

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Opinion

PER CURIAM

The trial court imposed a condition of probation that defendant submit his “person, residence, vehicle or property to a search by a Probation officer.” The condition was not limited to searches based on “reasonable grounds to believe such search will disclose evidence of a probation violation,” as required by ORS 137.540. The state concedes that the condition is invalid, and we agree.

Conviction affirmed; probation condition 2 vacated; remanded for resentencing.

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PER CURIAM

The trial court imposed a condition of probation that defendant submit his “person, residence, vehicle or property to a search by a Probation officer.” The condition was not limited to searches based on “reasonable grounds to believe such search will disclose evidence of a probation violation,” as required by ORS 137.540. The state concedes that the condition is invalid, and we agree.

Conviction affirmed; probation condition 2 vacated; remanded for resentencing.

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Bluebook (online)

803 P.2d 784, 105 Or. App. 398, 1991 Ore. App. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hancke-orctapp-1991.

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