State v. Brewton

The sole issue on this appeal is whether the police had the right to seize and use as evidence property which was in plain view in an automobile which was in the possession of the defendant at the time he was arrested on a warrant charging him with burglary.

The material facts are uncontroverted. Sometime between November 9 and November 12, 1973, Detective Harris of the Clackamas County Sheriff’s office became aware of a Marion County warrant for the arrest of defendant for first degree burglary. Harris began looking for the defendant in places defendant was known to frequent. He knew the kind…