Legal Opinion
State v. Newman
Oregon Supreme Court
Decided December 9, 1981No. TC C 79-10-33601, CA 16600, SC 27594PublishedCited by 45 opinions
1Opinion of the Court
*218CAMPBELL, J.
The narrow issue in this case is: Can the police without a warrant in a noncriminal and nonemergency situation search the property of an intoxicated person for identification at the time the person is taken into custody?
On October 13, 1979, at about 5:30 a.m., Portland Police Officer Kenneth Pacheco saw an automobile parked in a no parking zone on Southeast McLoughlin Boulevard.1 Both tires on the left side were flat and a person behind the steering wheel was leaning against the window on the driver’s side. Pacheco parked the police car behind the disabled vehicle and approached…
2Cases cited8 opinions
- United States v. RobinsonSupreme Court of the United States · 1973
- New York v. BeltonSupreme Court of the United States · 1981
- South Dakota v. OppermanSupreme Court of the United States · 1976
- United States v. ChadwickSupreme Court of the United States · 1977
- State v. TourtillotOregon Supreme Court · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- State v. CaraherOregon Supreme Court · 1982
- State v. JoyceSupreme Court of Connecticut · 1994
- Scovill v. City of AstoriaOregon Supreme Court · 1996
- State v. PerryOregon Supreme Court · 1984
- Wagner v. HedrickWest Virginia Supreme Court · 1989
40 more not listed; retrieve them via the Exa API.