State v. Belcher
| Decision Date | 02 August 1988 |
| Docket Number | C,CA-A41457,CR-0140-T |
| Citation | 306 Or. 343,759 P.2d 1096 |
| Parties | STATE of Oregon, Respondent on review, v. Robert Lee BELCHER, Petitioner on review. CC 86-S34998. |
| Court | Oregon Supreme Court |
Marshal Mussehl, Salem, argued the cause for petitioner on review. With her on the petition was Gary D. Babcock, Public Defender, Salem.
Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondent on review.
This is the companion case to State v. Pidcock, 306 Or. 335, 759 P.2d 1092 (1988) (decided this date). Defendant was engaged in a fight at a tavern in Bend and ran from the scene just before the police arrived to investigate the disturbance. He left behind a red backpack containing, among other things, a leather pouch that, in turn, contained jewelry which defendant would later confess he had stolen from a residence. Defendant was convicted of burglary in the first degree and appeals the trial court's denial of his motion to suppress. The Court of Appeals affirmed the conviction. State v. Belcher, 89 Or.App. 401, 749 P.2d 591 (1988). We affirm the decision of the Court of Appeals.
The issue in this case is whether the backpack and its contents were abandoned and whether the police could conduct a warrantless search of the leather pouch or bag containing the jewelry which was found in the backpack.
Defendant contends that he did not intend to abandon his wallet or red backpack. However, the trial court specifically found that he had. The trial court found that defendant had gotten into an altercation outside of the tavern and then We do not disturb the trial judge's finding on this issue. Ball v. Gladden, 250 Or. 485, 443 P.2d 621 (1968).
Defendant concedes:
As we held this date in State v. Pidcock, supra, police may search abandoned or lost...
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