State v. Fondren
Court of Appeals of Oregon
State v. Fondren, 568 P.2d 721 (1977)
30 Or. App. 1045; 1977 Ore. App. LEXIS 1772
Schwab, Tanzer, Richardson
State v. Fondren
Opinion
The state appeals from an order suppressing contraband — marihuana and peyote — seized from the defendant’s automobile. As the trial judge found, the police had probable cause to think that defendant’s automobile contained the contraband. The police, without a warrant, seized the automobile which was on the parking lot maintained by defendant’s employer for employes, and had it towed to the police garage. The police thereafter obtained a search warrant.
The trial judge held that in addition to probable cause, exigent circumstances to seize or search an operable automobile must exist before such can be done without a warrant. This was error. See State v. Greene, 30 Or App 1019, 568 P2d 716 (1977).
Reversed and remanded.
Reference
- Full Case Name
- STATE OF OREGON, Appellant, v. GARY LEE FONDREN, Respondent
- Cited By
- 6 cases
- Status
- Published