Court of Appeals of Oregon, 1977

State v. Fondren

State v. Fondren
Court of Appeals of Oregon · Decided September 19, 1977 · Schwab, Tanzer, Richardson
568 P.2d 721; 30 Or. App. 1045; 1977 Ore. App. LEXIS 1772 (Pacific Reporter, Second Series)

State v. Fondren

Opinion

*1047 PER CURIAM.

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.

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