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STATE v. BROWN

No. CA 16893; SC 27547.

634 P.2d 212 (1981)

291 Or. 642

STATE of Oregon, Respondent, v. Gene Aubrey BROWN, Petitioner.

Supreme Court of Oregon, In Banc.

Decided September 22, 1981.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, argued the cause for petitioner. With him on the briefs were Gary D. Babcock, Public Defender, Salem, and James A. Doherty, Tillamook County Public Defender.

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 issue in this case is: Can the police, without a warrant and without independent probable cause and exigent circumstances, search a closed container seized from the person of a lawfully arrested individual during the booking process at a place of detention? This is one of the questions we left for future consideration in State v. Florance, 270 Or. 169, 192, 527 P.2d 1202 (1974).1

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