Legal Opinion

State v. Follett

Court of Appeals of Oregon

Decided October 21, 1992No. 87-CR-0620-WE; CA A50664PublishedCited by 46 opinions

1Opinion of the Court

*674De MUNIZ, J.

Defendant appeals his convictions for possession of a controlled substance, driving under the influence of intoxicants (DUII) and driving while suspended. ORS 475.992(1); ORS 813.101; ORS 811.175. The issue is whether evidence discovered during a warrantless search of his car, after he suffered an apparent seizure at the police station, is admissible under the “emergency exception” to the warrant requirement. We hold that the evidence is admissible and affirm.

In reviewing the lawfulness of a warrantless search, we are bound by the trial court’s findings of historical facts that…

2Cases cited15 opinions

  1. People v. MitchellNew York Court of Appeals · 1976
  2. State v. StevensOregon Supreme Court · 1991
  3. State v. DavisOregon Supreme Court · 1983
  4. State v. ValdezOregon Supreme Court · 1977
  5. State v. FisherArizona Supreme Court · 1984

10 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. State v. BakerOregon Supreme Court · 2011
  2. State v. MatthewsNorth Dakota Supreme Court · 2003
  3. State v. MartinCourt of Appeals of Oregon · 2008
  4. State v. MountfordSupreme Court of Vermont · 2000
  5. Federal Deposit Insurance Corporation v. ClarkCourt of Appeals for the Tenth Circuit · 1992

41 more not listed; retrieve them via the Exa API.

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