STATE v. LANCASTER

C82-07-36491; CA A26567.

669 P.2d 377 (1983)

64 Or.App. 607

STATE of Oregon, Respondent, v. David Arthur LANCASTER, Appellant.

Court of Appeals of Oregon.

Decided September 21, 1983.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for appellant. With him on the brief was Marilyn C. McManus, Deputy Public Defender, Salem.

Dave Frohnmayer, Atty. Gen., Salem, argued the cause for respondent. With him on the briefs was William F. Gary, Sol. Gen., and Robert E. Barton, Asst. Atty. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


YOUNG, Judge.

This case concerns a warrantless search of defendant's vehicle and the seizure of marijuana, cocaine and a handgun. The trial court denied defendant's motion to suppress on the basis of ORS 131.615, Article I, § 9 of the Oregon Constitution and the Fourth Amendment to the United States Constitution. We affirm.

On July 26, 1982, at 2:50 a.m., Multnomah County Deputy Sheriffs Biles and Smith observed defendant lying under the rear of his parked...

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