Opinion

State v. Brown

  • 49 Or. App. 75
  • 618 P.2d 1318
  • 1980 Ore. App. LEXIS 3684
Court
Court of Appeals of Oregon
Filed
Nov 10, 1980
Status
Published
On the bench
Buttler, Richardson, Thornton
Cited by
2 cases
Authority
More cited than 73.0%

The opinion

PER CURIAM.

The state appeals a pretrial order suppressing cocaine seized from defendant during the booking process following his arrest for driving under the influence of intoxicants. The cocaine was in a metal cigarette box which had been sealed with tape.

The facts leading to the discovery of the cocaine are not materially different from those that we held supported a lawful search and seizure in State v. Patton, 47 Or App 169 , 613 P2d 1102 (1980). Accordingly we hold the search and seizure was constitutionally permissible. It was error to allow the motion to suppress.

Reversed and remanded for trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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