STATE v. POLLOCK

(CC 0103-32263; CA A116427; SC S51010).

102 P.3d 684 (2004)

337 Or. 618

STATE of Oregon, Respondent on Review, v. Roger Millen POLLOCK, Petitioner on Review.

Supreme Court of Oregon.

Decided December 9, 2004.


Attorney(s) appearing for the Case

Stephen A. Houze, Portland, argued the cause and filed the briefs for petitioner on review.

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.


DE MUNIZ, J.

The issue in this criminal case is whether the police had probable cause to arrest defendant, thereby justifying a search incident to the arrest. Two women told a police officer that defendant had tried to sell them a controlled substance, the illegal drug ecstasy, while they were visiting a bar in Old Town in Portland. The officer arrested defendant and, upon searching him incident to the arrest, discovered a large sum of money and the drug. Defendant...

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