Court of Appeals of Oregon, 1991

State v. Hancke

State v. Hancke
Court of Appeals of Oregon · Decided January 23, 1991 · Edmonds, Riggs, Warren
105 Or. App. 398; 803 P.2d 784; 1991 Ore. App. LEXIS 126

State v. Hancke

Opinion of the Court

PER CURIAM

The trial court imposed a condition of probation that defendant submit his “person, residence, vehicle or property to a search by a Probation officer.” The condition was not limited to searches based on “reasonable grounds to believe such search will disclose evidence of a probation violation,” as required by ORS 137.540. The state concedes that the condition is invalid, and we agree.

Conviction affirmed; probation condition 2 vacated; remanded for resentencing.

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