STATE v. NOBLE

CC 10-89-02085; CA A63703; SC S38601.

842 P.2d 780 (1992)

314 Or. 624

STATE of Oregon, Respondent on Review, v. Darin James NOBLE, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided November 25, 1992.


Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent on review.


CARSON, Chief Justice.

At issue in this case is whether a judge may issue a bench warrant of arrest based on his or her determination, by reference to court records but without reference to a sworn statement, that a person is in contempt of court. We hold that, before an arrest warrant may issue for contempt that did not occur "in the presence of the court," a judge must determine the existence of probable cause by reference to a sworn statement. Or. Const., Art....

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