STATE v. CROSSEN


536 P.2d 1263 (1975)

STATE of Oregon, Appellant, v. John LeRoy CROSSEN, Jr., Respondent.

Court of Appeals of Oregon.

Decided June 23, 1975.


Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Jeffrey L. Rogers, Portland, argued the cause and filed the brief for respondent.

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


FOLEY, Judge.

Under circumstances not necessary to be detailed in this opinion, two police officers were properly in a house, where defendant was visiting, at approximately 5 o'clock in the morning. They had no search warrant. The defendant was seated at a table. He was asked to produce identification and while a radio check with police headquarters was being made to determine if defendant was wanted, one of the officers noted a cigarette package in front of defendant...

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