State v. Fairley
| Decision Date | 20 June 1978 |
| Citation | 282 Or. 689,580 P.2d 179 |
| Parties | STATE of Oregon, Respondent, v. James Clifton FAIRLEY, Petitioner. |
| Court | Oregon Supreme Court |
Marianne Oswald, Deputy Public Defender, and Gary D. Babcock, Public Defender, Salem, for petitioner.
Catherine Allan, Asst. Atty. Gen., James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem, contra.
The opinion of the Court of Appeals, 33 Or.App. 271, 576 P.2d 38 (1978), is reversed for failure to suppress evidence seized in violation of ORS 131.625. State v. Valdez, 277 Or. 621, 629, 561 P.2d 1006 (1977). There was insufficient evidence of danger to the police officer who made the seizure to justify failure to satisfy the statute.
The case is remanded with instructions to suppress the seized evidence.
I most respectfully dissent for the same reasons as stated in my dissenting opinion in State v. Valdez, 277 Or. 621, 629, 561 P.2d 1006 (1977), and because, in my opinion, the facts of this case are different than those in Valdez.
I am authorized to say that HOWELL, J., and BRYSON, J., concur in this dissent.
To continue reading
Request your trial
-
State v. Davis
...noncompliance with ORS 131.615 also was unconstitutional, we reaffirmed the contrary holding in a per curiam reversal. State v. Fairley, 282 Or. 689, 580 P.2d 179 (1978). In summary, although not without some diversity of expression, the court since State v. Laundy, supra, has held to a pri......
-
State v. Newton
...U.S. 72, 90 S.Ct. 774, 25 L.Ed.2d 60 (1970), and this court in State v. Valdez, 277 Or. 621, 561 P.2d 1006 (1977), and State v. Fairley, 282 Or. 689, 580 P.2d 179 (1978). As we said in State v. Scharf, the test for exclusion is not whether the premise of unlawfulness is of constitutional or......
-
State v. Lowry
...there is probable cause or at least reasonable grounds to suspect that the person has committed a crime. ORS 131.615; State v. Fairley, 282 Or. 689, 580 P.2d 179 (1978); see also Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983). Even rarer are occasions for a valid wa......
-
State v. Classen
...issue. 390 U.S. at 386, 88 S.Ct. 967. In this respect, it occupies the same position as this court. See, E. g., State v. Fairley, 282 Or. 689, 580 P.2d 179 (1978); State v. Flores, 280 Or. 273, 570 P.2d 965 (1977); State v. Valdez, 277 Or. 621, 561 P.2d 1006 (1977); State v. Laundy, 103 Or.......