STATE v. RASHEED

C92-08-34922; CA A78707.

876 P.2d 859 (1994)

128 Or. App. 439

STATE of Oregon, Appellant, v. Derek Zakee RASHEED, Respondent.

Court of Appeals of Oregon.

Decided June 22, 1994.

Review Denied September 20, 1994.


Attorney(s) appearing for the Case

Douglas F. Zier, Asst. Atty. Gen., argued the cause, for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Jesse Wm. Barton, Deputy Public Defender, argued the cause, for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before DEITS, P.J., RICHARDSON, C.J., and RIGGS, J.


RICHARDSON, Chief Judge.

Defendant is charged with delivery and possession of a controlled substance, cocaine. ORS 475.992. The state appeals a pretrial order suppressing evidence seized from defendant's person and his car following his arrest. The issue is whether the police had probable cause to arrest defendant without a warrant and search him incident to the arrest. We reverse and remand.

We summarize the facts as found by the trial court and that are...

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