STATE v. RIDDERBUSH

CC83-812; CA A32302.

692 P.2d 667 (1984)

71 Or.App. 418

STATE of Oregon, Respondent, v. Kenneth Francis RIDDERBUSH, Appellant.

Court of Appeals of Oregon.

Decided December 19, 1984.


Attorney(s) appearing for the Case

Blair J. Henningsgaard, Astoria, argued the cause for appellant. With him on the brief was Brownhill & Henningsgaard, Astoria.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

This is a criminal case in which we are called on to determine whether the trial court's denial of defendant's motion to suppress a straight razor discovered in a small black box was error under Article I, section 9, of the Oregon Constitution as either: (1) an improper search incident to arrest; or (2) an improper inventory search. We reverse and remand.

It was error for the trial court to deny defendant's motion to suppress, because...

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