STATE v. CRAWFORD

C86-08-33957; CA A43474.

756 P.2d 68 (1988)

91 Or.App. 597

STATE of Oregon, Respondent, v. Walter C. CRAWFORD, Appellant.

Court of Appeals of Oregon.

Decided June 22, 1988.


Attorney(s) appearing for the Case

John P. Daugirda, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Martin C. Dolan, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and JOSEPH, C.J., and VAN HOOMISSEN, J.


VAN HOOMISSEN, Judge.

Defendant appeals his conviction for robbery in the first degree. ORS 164.415. He contends that the trial court erred in denying his motion to suppress evidence seized during a search incident to his arrest and the statements he made to police. The dispositive issue is whether the state carried its burden of proving that the police had probable cause to arrest defendant. We conclude that it did not and reverse.

On July 22, 1986, Detective...

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