Legal Opinion
State v. Downes
Oregon Supreme Court
Decided February 27, 1979No. 76-4039, CA 7366, SC 25654PublishedCited by 37 opinions
1Opinion of the CourtDenecke, C. J.
This is one of the four automobile search and seizure cases in which we granted petitions for review to attempt to clarify the law in this regard. State v. Greene, 30 Or App 1019, 568 P2d 716 (1977); State v. Fondren, 30 Or App 1045, 568 P2d 721 (1977); State v. Groda, 32 Or App 287, 573 P2d 1269 (1978).
The question raised in this case is whether an officer, without a warrant, can constitutionally search a closed container found in a vehicle which the officer had the right to stop, search and seize.
The motion to suppress was heard on stipulated facts. The defendant was suspected of…
2Cases cited8 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Chambers v. MaroneySupreme Court of the United States · 1970
- United States v. ChadwickSupreme Court of the United States · 1977
- State v. KellerOregon Supreme Court · 1973
- State v. GreeneCourt of Appeals of Oregon · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- State v. CaraherOregon Supreme Court · 1982
- State v. QuinnOregon Supreme Court · 1981
- State v. LowryOregon Supreme Court · 1983
- State v. ProberWisconsin Supreme Court · 1980
- State v. GrodaOregon Supreme Court · 1979
32 more not listed; retrieve them via the Exa API.