State v. Lippert

De MUNIZ, J.,

specially concurring.

I agree with the result and most of the reasoning in the lead opinion. However, that opinion suggests that evidence obtained as a result of an inventory conducted during a civil detox hold can never be used by the state in a criminal prosecution. I disagree with that proposition.

Defendant was seized when he was taken into civil custody. However, his seizure was without a warrant or probable cause to believe that he had committed a crime. In State v. Boyanovsky, 304 Or 131, 743 P2d 711 (1987), the Supreme Court said:

“[S]ome ‘searches’ and ‘seizures,’ conducted…