Legal Opinion
State v. Kloucek
Court of Appeals of Oregon
Decided April 1, 1974No. 27834PublishedCited by 4 opinions
1Opinion of the CourtSchwab, C.J.
Defendant has been indicted for manslaughter, ORS 163.125, the indictment alleging, among other things, that he “was [driving] under the influence of intoxicating liquor” at the time of an automobile accident that caused the death of the victim. Defendant made a pretrial motion to suppress evidence of the results of tests of blood samples taken from him pursuant to a search warrant. The motion was granted. The state appeals.
The questions presented are: (1) whether the search warrant was invalid; (2) if so, whether it was nevertheless constitutionally permissible for the police to seize the…
2Cases cited8 opinions
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Cupp v. MurphySupreme Court of the United States · 1973
- State v. FogleOregon Supreme Court · 1969
- State v. MurphyCourt of Appeals of Oregon · 1970
- State v. OsburnCourt of Appeals of Oregon · 1973
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3Cited by4 opinions
- United States v. KinaneUnited States Court of Military Appeals · 1976
- State v. StoverOregon Supreme Court · 1975
- State v. ArmentaCourt of Appeals of Oregon · 1985
- State v. EismannCourt of Appeals of Oregon · 1975