State v. Kirsch
Court of Appeals of Oregon
1Opinion of the Court
*420GILLETTE, P. J.
The state appeals the pretrial suppression of methamphetamine which was seized from defendant’s vehicle during a warrantless search that followed his arrest for driving while under the influence of intoxicants, ORS 487.540, and for the possession of an explosive (dynamite) without a valid certificate. ORS 480.210. The trial court ruled that there were no exigent circumstances to justify the search and seizure. The state contends that the controlled substance was admissible, because the search and seizure were based on probable cause and were also incident to a lawful arrest. We…
2Cases cited13 opinions
- United States v. RossSupreme Court of the United States · 1982
- New York v. BeltonSupreme Court of the United States · 1981
- State v. KennedyOregon Supreme Court · 1983
- State v. CaraherOregon Supreme Court · 1982
- State v. ElkinsOregon Supreme Court · 1966
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3Cited by40 opinions
- State v. BrownOregon Supreme Court · 1986
- Vasquez v. StateWyoming Supreme Court · 1999
- State v. RowellNew Mexico Supreme Court · 2008
- State v. PierceSupreme Court of New Jersey · 1994
- State v. EckelSupreme Court of New Jersey · 2006
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