State v. Wynn
Court of Appeals of Oregon
1DissentRossman, J.
I dissent. The majority’s result hinges on the assumption that the trial court did not have sufficient evidence to find that defendant was motivated to flee. In my view, the record proves otherwise. Moreover, defendant did not challenge any of the trial court’s findings. We should not conduct a treasure hunt for a reason to reverse his conviction.
Officer Mudrick decided to arrest defendant immediately, because he feared that defendant would flee or destroy drug evidence before a warrant could be obtained. Given the circumstances, those fears were patently reasonable. At the time of the…
2Cases cited3 opinions
- State v. PellerOregon Supreme Court · 1979
- State v. GirardOregon Supreme Court · 1976
- State v. WynnCourt of Appeals of Oregon · 1990