Legal Opinion

State v. Ingman

Court of Appeals of Oregon

Decided March 16, 1994No. 91112504; CA A77130PublishedCited by 3 opinions

1Opinion of the CourtDeits, P. J.

The state appeals the trial court’s suppression of evidence discovered during a search of defendant’s person incident to arrest and a subsequent consensual search of his car. The state argues that the trial court erred in concluding that the officer did not have probable cause to arrest defendant. We reverse and remand.

Officer Howrey lawfully stopped defendant for a traffic offense. During the stop, Howrey saw a semiautomatic pistol in a holster on the passenger seat of defendant’s car. He also noticed that defendant appeared “very nervous” and that his “arms and hands were shaking severely.”…

2Cases cited5 opinions

  1. State v. OwensOregon Supreme Court · 1986
  2. State v. EsplinOregon Supreme Court · 1992
  3. State v. PerryCourt of Appeals of Oregon · 1979
  4. State v. SomflethCourt of Appeals of Oregon · 1972
  5. State v. SteinkeCourt of Appeals of Oregon · 1987

3Cited by3 opinions

  1. State v. HinerCourt of Appeals of Oregon · 2010
  2. Weinstein v. City of EugeneCourt of Appeals for the Ninth Circuit · 2009
  3. Weinstein v. City of EugeneCourt of Appeals for the Ninth Circuit · 2009

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