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STATE v. KEYES

C81-11-35723; CA A23960.

657 P.2d 724 (1983)

61 Or.App. 434

STATE of Oregon, Appellant, v. Allen Michael KEYES, Respondent.

Court of Appeals of Oregon.

Decided February 2, 1983.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Sol. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Sheryl D. Schneider, Certified Law Student, Salem.

Marc Sussman, Portland, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

The state appeals a pretrial order suppressing evidence found and seized in a "custodial search" before defendant was taken to a booking facility on a "civil hold" for public intoxication under ORS 426.460.

In State v. Newman, 292 Or. 216, 637 P.2d 143 (1981), the Supreme Court held that the police cannot, without a warrant, search the property of an intoxicated person...

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