State v. Hoskinson

I

In my view, this case makes no new law. The narrow issue presented, under Article I, section 9, of the Oregon Constitution, is whether the state sustained its burden to justify a warrantless search of defendant’s wallet incident to his lawful arrest on the basis of “officer-safety” or “prevention of escape.”

Determination of the legality of searches depends largely on the facts of each case. State v. Ehly, 317 Or 66, 74, 854 P2d 421 (1993). On the facts of this case (and in the light of what I believe to be the hopelessly confused condition of *89Oregon appellate law regarding “officer-safety”…