EMERY v. STATE OF OREGON

No. 9072; CA A25025.

668 P.2d 484 (1983)

64 Or.App. 429

Richard Verle EMERY and Lorena Emery, Respondents, v. The STATE OF OREGON; the Oregon Department of State Police, a Department and Agency of the State of Oregon, Appellants.

Court of Appeals of Oregon.

Decided August 31, 1983.

Reconsideration Denied October 28, 1983.


Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause and filed the briefs for appellants. With him on the briefs were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Robert L. Nash, Bend, argued the cause for respondents. With him on the brief was Johnson, Marceau, Karnopp & Petersen, Bend.

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


GILLETTE, Presiding Judge.

This is a civil case in which plaintiffs seek compensation for damage to a motor vehicle that resulted when state police officers, during a lawful seizure and search, cut holes in the body of the vehicle in search of bullets and ballistics data to be used as evidence in a homicide prosecution. The specific issue presented is whether the state must pay for private property, not contra-band or otherwise subject to forfeiture, which is lawfully...

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