Legal Opinion

State v. Kirsch

Court of Appeals of Oregon

Decided August 8, 1984No. 133823 CA A27640PublishedCited by 40 opinions

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

  1. United States v. RossSupreme Court of the United States · 1982
  2. New York v. BeltonSupreme Court of the United States · 1981
  3. State v. KennedyOregon Supreme Court · 1983
  4. State v. CaraherOregon Supreme Court · 1982
  5. State v. ElkinsOregon Supreme Court · 1966

8 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. State v. BrownOregon Supreme Court · 1986
  2. Vasquez v. StateWyoming Supreme Court · 1999
  3. State v. RowellNew Mexico Supreme Court · 2008
  4. State v. PierceSupreme Court of New Jersey · 1994
  5. State v. EckelSupreme Court of New Jersey · 2006

35 more not listed; retrieve them via the Exa API.

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