STATE v. KOCK

84-03-3411-C; CA A31589.

703 P.2d 267 (1985)

74 Or.App. 523

STATE of Oregon, Respondent, v. Joseph Dean KOCK, Appellant.

Court of Appeals of Oregon.

Resubmitted June 6, 1985.

Decided July 17, 1985.

Reconsideration Denied October 11, 1985.


Attorney(s) appearing for the Case

Thomas J. Crabtree, Bend, argued the cause for appellant. With him on the brief were Crabtree & Rahmsdorff, P.C., Bend.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.


Resubmitted In Banc June 6, 1985.

WARDEN, Judge.

Defendant appeals his conviction for theft of a package of diapers from his employer's store. ORS 164.045. He assigns as error the trial court's denial of his motion to suppress both the package and his incriminating statement to the police following his arrest. He asserts that the police lacked probable cause and practical necessity to conduct a warrantless search of his car or to seize the package, that they...

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