STATE v. SELMER


553 P.2d 1069 (1976)

26 Or.App. 555

STATE of Oregon, Appellant, v. David Leroy SELMER, Respondent.

Court of Appeals of Oregon.

Decided August 23, 1976.


Attorney(s) appearing for the Case

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

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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


FORT, Judge.

The state appeals from a circuit court order suppressing evidence seized by police officers from defendant's residence without a search warrant. The issue presented is whether a police officer, under the circumstances here present, may conduct a limited search of a residence without a search warrant or an arrest warrant.

The evidence is uncontroverted. The officers went to defendant's residence to arrest him for theft by receiving stolen property...

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