STATE v. SNOW

(CC 99CR0872; CA A110840; SC S49504).

94 P.3d 872 (2004)

337 Or. 219

STATE of Oregon, Respondent on Review, v. Coy Randell SNOW, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided July 29, 2004.


Attorney(s) appearing for the Case

Ingrid A. Macfarlane, Deputy Public Defender, Salem, argued the cause for petitioner on review. With her on the briefs was David E. Groom, Acting Executive Director.

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.


KISTLER, J.

While a police officer was in hot pursuit, defendant left his automobile behind and fled on foot. The question that this case presents is whether the officer could search defendant's automobile without a warrant to determine defendant's identity. The Court of Appeals held that the officer could do so, reasoning that the search fell within the automobile exception to the warrant requirement. State v. Snow,

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