STATE of Oregon, Appellant,
v.
Spencer Ward ALPERT, Respondent.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted February 11, 1981.
Decided June 15, 1981.
Attorney(s) appearing for the Case
Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.
Robert J. McCrea, Eugene, argued the cause for respondent. With him on the brief was Morrow, McCrea & Divita, P.C., Eugene.
Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.
Court of Appeals of Oregon.
VAN HOOMISSEN, Judge.
The state appeals1 a pre-trial order allowing defendant's motion to suppress property seized from defendant's car following a stop for a traffic infraction. The issue is whether the police had probable cause to seize a small closed cosmetic case (compact) and a folded bank envelope they observed in plain view on the floorboard of the defendant's car. The defendant moved to suppress "any and all evidence derived from...
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