Legal Opinion · Concurring in part, dissenting in part
State v. Davis
Oregon Supreme Court
Decided June 29, 1983No. CA A23060, SC 28881Published
1Concurring in part, dissenting in partPeterson, J.
The majority holds the search unlawful, stating that “we have been referred to no cases, nor has our independent research uncovered any cases, which extend the scope of a Terry [Terry v. Ohio, 392 US 1, 88 S Ct 1868, 20 L Ed 2d 889 (1968)] protective search into the private recesses of one’s dwelling when an officer stands at the threshold with merely reasonable suspicion to support an interrogation.” I dissent because incident to the lawful stop of a suspect, circumstances may exist which authorize police to enter a home to search an area within reach of a suspect.
THE TRIAL COURT FINDINGS…
2Cases cited13 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Illinois v. GatesSupreme Court of the United States · 1983
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Adams v. WilliamsSupreme Court of the United States · 1972
- Chambers v. MaroneySupreme Court of the United States · 1970
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