Legal Opinion

State v. Herbert

Oregon Supreme Court

Decided November 20, 1986No. TC 29153; CA A28263; SC S32163PublishedCited by 66 opinions

1Opinion of the Court

*239CARSON, J.

The issue in this case is whether the arresting police officer lawfully seized a paperfold1 that he had observed defendant remove from his clothing following defendant’s arrest for a crime unrelated to criminal activity in drugs.

While crossing a store parking lot, defendant was arrested on an outstanding warrant for failure to appear on a charge of Driving While Suspended. Defendant told the arresting officer that he wanted to get some identification from the truck in which he had been riding. Defendant walked to the truck. The officer followed him. Defendant got into the truck,…

2Cases cited10 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Texas v. BrownSupreme Court of the United States · 1983
  3. Ball v. GladdenOregon Supreme Court · 1968
  4. State v. OwensOregon Supreme Court · 1986
  5. Krummacher v. GierloffOregon Supreme Court · 1981

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

3Cited by66 opinions

  1. State v. BrownOregon Supreme Court · 1990
  2. State v. MontezOregon Supreme Court · 1990
  3. State v. HoldorfOregon Supreme Court · 2014
  4. State v. DouglasOregon Supreme Court · 1990
  5. State v. GoodmanOregon Supreme Court · 1999

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

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