# State v. Brown

> Court of Appeals of Oregon · November 10, 1980 · 49 Or. App. 75

URL: https://www.frixlaw.com/law-library/cases/6928031

## Case

- **Full name:** STATE OF OREGON v. GENE A. BROWN
- **Court:** Court of Appeals of Oregon
- **Decided:** November 10, 1980
- **Citations:** 49 Or. App. 75; 618 P.2d 1318; 1980 Ore. App. LEXIS 3684
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Buttler, Richardson, Thornton
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6928031

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6928031. Public record. Not legal advice.