STATE v. NEWMAN

TC C 79-10-33601; CA 16600; SC 27594.

637 P.2d 143 (1981)

292 Or. 216

STATE of Oregon, Respondent On Review, v. Patricia Ann NEWMAN, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided December 9, 1981.


Attorney(s) appearing for the Case

Nancy R. Walseth, Portland, argued the cause for petitioner. With her on the briefs were Richard A. Van Hoomissen and Cooney & Van Hoomissen, Portland.

Thomas H. Denney, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.


CAMPBELL, Justice.

The narrow issue in this case is: Can the police without a warrant in a noncriminal and nonemergency situation search the property of an intoxicated person for identification at the time the person is taken into custody?

On October 13, 1979, at about 5:30 a.m., Portland Police Officer Kenneth Pacheco saw an automobile parked in a no parking zone on Southeast McLoughlin Boulevard.

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