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STATE v. OKEKE

TC DA 280069; CA A35902; SC S33660.

745 P.2d 418 (1987)

304 Or. 367

STATE of Oregon, Petitioner On Review, v. Kamala Jean OKEKE, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With her on the petition for review were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Raymond F. Thomas, Portland, argued the cause and submitted a response to the petition for review for respondent on review. With him on the response were Michael D. Royce, Douglas A. Swanson, and Eric Charles Lee, Portland.

Marc D. Blackman, Portland, filed an amicus curiae brief on behalf of ACLU Foundation of Oregon, Inc. With him on the brief was Ransom, Blackman & Simson, Portland.

Susan F. Mandiberg, Portland, filed an amicus curiae brief on behalf of Hooper Memorial Center for Alcoholism Intervention. With her on the brief were George K. Meier and Charles F. Adams of Stoel, Rives, Boley, Fraser & Wyse, Portland.

LINDE, Justice.

The issue before us is whether evidence found in searching the purse of a person taken involuntarily by police to a detoxification facility may be used to convict the person of a crime.

Defendant was a passenger in a car stopped for a traffic violation. A deputy sheriff detected the odor of alcohol on defendant's breath. When defendant argued with the officer and repeatedly demanded to know when the driver and passengers could leave, the officer...

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