State v. Hasting
State v. Hasting
Opinion of the Court
Defendant was convicted upon trial by jury of illegal possession of heroin. Oh . appeal he assigns as error the failure of the trial court to grant a motion to srippress evidence which.was produced as the result of a search without a warrant of the defendant’s automobile.
The assignment of error as stated by the defendant is “The court erred in ruling that there was probable cause and reasonable grounds for the search and seizure of the defendant’s automobile when the arrest was warrantless and the police were acting solely upon the communications of a reliable informant.”
On May 9, 1968, members of the Portland police
This case is controlled by State v. Hollman, 251 Or 416, 446 P2d 117 (1968), the facts of which are much like the case at hand. In Hollman
In the instant case the officers testified not only that the informant described the specific vehicle which the defendant was using, but also that the informant had earlier furnished information which made good a narcotics seizure at the address where the police found the defendant and his vehicle. There was sufficient corroboration of the reliable informant’s information to constitute probable cause to search and then to arrest.
Affirmed.
Defendant’s brief does not comply with Bule 19 of this court in so far as it requires, that assignments of error must set out haec verba the pertinent portions of the record, nor does it comply with Rule 23 of this court which requires that briefs, in referring to the evidence, must make .appropriate designation of pages of the transcript.
After the police determined that the passenger was a known narcotic addict she was placed in a taxicab and sent away.
Defendant’s brief does not comply with Rule 19 of this court in so far as it requires that assignments of error must set out haec verba the pertinent portions of the record, nor does it comply with Rule 23 of this court which requires that briefs, in referring to the evidence, must make appropriate designation of pages of the transcript.
The search and arrest in Hollman were not pursuant to warrant. As in this case the issue of whether a warrant should have been sought was not raised.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.