State v. Maxie

Weaver and Rosellini, JJ.

(dissenting) — On this appeal from a judgment of conviction for burglary, there is here for decision the legality of the search of the appellant’s person, which, in turn, depends upon the validity of his arrest.

Early in the morning, the police department of North *130Bend was notified of the burglary of a cafe in that community, and that a quantity of Canadian coins had been stolen. Soon thereafter, on the same morning, the police chief inquired of a waitress in another cafe if anyone there had spent Canadian coins. She identified the defendant as one who had exchanged…