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STATE v. BOONE

CC 93-2156-CR; CA A84673; SC S42791.

959 P.2d 76 (1998)

327 Or. 307

STATE of Oregon, Petitioner on Review, v. James Daniel BOONE, Respondent on Review.

Supreme Court of Oregon.

Reassigned February 3, 1998.

Resubmitted June 25, 1998.

Decided July 2, 1998.

Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General.

Michael Ratliff, of Parks & Ratliff, Klamath Falls, argued the cause and filed the brief for respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM and LEESON, JJ.

VAN HOOMISSEN, Justice.

The principal issue in this criminal case is whether a city ordinance that authorizes police to impound a car also authorizes them to conduct an inventory search of the car's contents. The Court of Appeals held that the city ordinance did not constitute an authorization from an extra-executive, politically accountable body to conduct an inventory search. State v. Boone, 136 Or.App. 614,

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