State v. Brown

Although I agree with the majority that State v. Patton, 47 Or App 169, 613 P2d 1102 (1980), if it represents the law in these circumstances, controls, I disagree with Patton and dissent from the denial today of the petition for reconsideration in Patton.

Reduced to its simplest terms, the issue in each case is whether closed containers seized from a person who is in the process of being booked into jail after being arrested, may be opened and searched without a warrant. Defendant does not contend that the police did not have the right to take possession of the items in his possession at the…