STATE v. McGINNIS

Nos. O1C 41757; A116702.

62 P.3d 398 (2002)

185 Or. App. 483

STATE of Oregon, Appellant, v. Timothy L. McGINNIS, Respondent.

Court of Appeals of Oregon.

Decided December 26, 2002.


Attorney(s) appearing for the Case

Kaye E. McDonald, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

James J. Susee, Salem, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


LANDAU, P.J.

The state appeals an order suppressing evidence found during a warrantless search of defendant's car. The state contends that the search was justified either by reasonable concerns for officer safety or by the automobile exception to the warrant requirement. We conclude that the search was justified by the automobile exception to the warrant requirement and do not address the parties' arguments concerning officer safety. We therefore reverse and remand...

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