State v. Douglas

BRYSON, J.,

specially concurring.

I concur in the result. On the facts, this is not a Miranda case. Defendant was under arrest, in the custody of two police officers. Therefore, the search was pursuant to a lawful arrest. State v. Hoover, 219 *80Or 288, 347 P2d 69 (1960); State v. Elk, 249 Or 614, 439 P2d 1011 (1968).

The evidence disclosed that some of the stamps in the suitcase of the defendant had been removed and placed in the bathroom where they could be disposed of easily.

The purloined goods, “stamps,” were subject to “flushing,” the same as drugs or any other disposable item the subject of…