STATE v. PERRY

TC J82-2628; CA A26974; SC S30381.

688 P.2d 827 (1984)

298 Or. 21

STATE of Oregon, Respondent On Review, v. Leroy James PERRY, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided September 25, 1984.


Attorney(s) appearing for the Case

Philip M. Suarez, Asst. Public Defender, Roseburg, argued the cause and filed the petition for petitioner on review.

Kay Kiner James, Asst. Atty. Gen., Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.


CAMPBELL, Justice.

We allowed review in this case to consider the propriety of an "inventory search" by police of luggage belonging to a person temporarily detained for detoxification. We hold that under the circumstances presented by this case, the search was not proper and reverse the Court of Appeals and the trial court.

Shortly after noon on November 13, 1982, the Roseburg police received a call reporting an intoxicated person in front of the bus station...

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