# State v. Brown

> Court of Appeals of Oregon · November 7, 1977 · 31 Or. App. 501

URL: https://www.frixlaw.com/law-library/cases/9552323

## Case

- **Full name:** STATE OF OREGON, Respondent, v. PAMELA FAYE BROWN, Appellant
- **Court:** Court of Appeals of Oregon
- **Decided:** November 7, 1977
- **Citations:** 31 Or. App. 501; 570 P.2d 1001; 1977 Ore. App. LEXIS 2009
- **Precedential status:** Published
- **Opinion:** Concurrence by Schwab
- **Judges:** Schwab, Richardson, Johnson
- **Cited by:** 16 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/9552323

## Opinion text

SCHWAB, C. J.,
concurring.
I wish to note that by concurring in the majority opinion I do not wish to be recorded as implying that the arrest on the outstanding warrant was improper or that the fruits of a search incident to a lawful arrest should always be suppressed if the initial stop was unlawful. Despite State v. Crossen, 21 Or App 835 , 536 P2d 1263 , Sup Ct review denied (1975), I think the contrary result can arguably be supported. I concur here solely because the state seeks to justify the search and the resulting seizure of the weapon solely on the basis that the stop was proper and not on the basis of the fruits of a search incidental to a lawful arrest.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9552323. Public record. Not legal advice.