State v. Chinn

The, defendant’s motion to suppress the evidence should have been granted.

I. begin with the same premise accepted by the majority, namely, that a search and seizure incident to an arrest is not reasonable if it is more extensive than that which could be made under a valid search warrant.① In my opinion a valid search warrant could not have been issued for the search and seizure of the camera, the film, the beer bottles and the soiled sheet because these items of evidence do not fall within the grounds specified in ORS 141.010.② The only statutory condition that could possibly apply is the…