State v. Barnum

I agree with the result of the lead opinion, but not with its analysis. Our review is for errors of law. Defendant asserts that there is an alternative basis for affirming the trial court. He contends that the officers did not have probable cause when they seized the notebook and manilla folders. Defendant is correct.

Searches and seizures must be analyzed separately. State v. Tanner, 304 Or 312, 316, 745 P2d 757 (1987). Generally, a warrantless seizure is per se unreasonable unless it falls within one of the limited exceptions to the warrant *177requirement. State v. Stevens, 311 Or 119, 126, 806…