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STATE v. TANNER

84-0973; CA A36777.

728 P.2d 47 (1986)

80 Or.App. 296

STATE of Oregon, Appellant, v. William Calvin TANNER, Respondent.

Court of Appeals of Oregon.

Decided November 12, 1986.

Reconsideration Denied January 16, 1987.

Review Allowed February 3, 1987.

Attorney(s) appearing for the Case

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

Raymond F. Thomas, Portland, argued the cause for respondent. With him on brief was Royce, Swanson & Thomas, Portland.

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

VAN HOOMISSEN, Judge.

This case presents a question of first impression under Article I, section 9, of the Oregon Constitution: Does a thief have "standing," that is, a constitutionally protected interest, in stolen property kept in the premises of a third party so that the thief may object to a search of those premises? The answer is, No!

Defendant was charged with theft from his employer, Tower Records. The state appeals a trial court's pretrial order suppressing...

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