Court of Appeals of Oregon, 1978

State v. Thomas

State v. Thomas
Court of Appeals of Oregon · Decided March 1, 1978 · Johnson, Joseph, Roberts, Schwab
33 Or. App. 69; 575 P.2d 171; 1978 Ore. App. LEXIS 3220

State v. Thomas

Opinion of the Court

JOSEPH, J.

The state appeals an order suppressing the fruits of a warrantless search. The authority for the search is claimed to be that defendant was required as a condition of probation to submit to such searches by police officers. The condition was invalid.1 State v. Fisher, 32 Or App 465, 574 P2d 354 (1978).

Affirmed.

No issue is raised whether defendant, having accepted the challenged condition, can collaterally attack it in this proceeding, and we express no opinion on that question.

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