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STATE v. BREWTON

529 P.2d 967 (1974)

STATE of Oregon, Appellant, v. Frank Leroy BREWTON, Respondent.

Court of Appeals of Oregon.

Decided December 23, 1974.

Rehearing Denied January 29, 1975.

Review Denied February 19, 1975.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

John Henry Hingson, III, Oregon City, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

SCHWAB, Chief Judge.

The sole issue on this appeal is whether the police had the right to seize and use as evidence property which was in plain view in an automobile which was in the possession of the defendant at the time he was arrested on a warrant charging him with burglary.

The material facts are uncontroverted. Sometime between November 9 and November 12, 1973, Detective Harris of the Clackamas County Sheriff's office became aware of a Marion County...

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