STATE v. PERRY

No. J82-2628; CA A26974.

674 P.2d 1176 (1984)

66 Or.App. 318

STATE of Oregon, Respondent, v. Leroy James PERRY, Appellant.

Court of Appeals of Oregon.

Decided January 4, 1984.

Reconsideration Denied February 10, 1984.

Review Allowed March 6, 1984.


Attorney(s) appearing for the Case

Philip M. Suarez, Asst. Public Defender, Roseburg, argued the cause and filed the brief for appellant.

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

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


GILLETTE, Presiding Judge.

Defendant appeals his conviction for possession of marijuana. The marijuana was discovered during a police inventory of defendant's luggage while he was on a "detox hold." The issue is whether and to what extent the police may search luggage belonging to a person temporarily detained for detoxification under ORS 426.460 in the process of making an inventory of it. Under the facts of this case, we hold that the inventory was not impermissibly...

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