STATE v. BAILEY

90CR0974FE; CA A66034.

840 P.2d 107 (1992)

116 Or. App. 14

STATE of Oregon, Respondent, v. Robert Albert BAILEY, Appellant.

Court of Appeals of Oregon.

Decided October 28, 1992.


Attorney(s) appearing for the Case

Steven V. Humber, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Jas. Adams, 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 BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


BUTTLER, Presiding Judge.

Defendant appeals his convictions by a jury on four counts of forgery in the first degree, ORS 165.013. He assigns error to the denial of his motion to suppress evidence removed from his pocket during a routine inventory after he had been taken into protective custody pursuant to ORS 426.460.1 We reverse.

Officer Cotterell saw defendant at 3:15 a.m., stumbling and staggering on a public sidewalk. He decided...

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