State v. Frazier
| Decision Date | 12 October 1966 |
| Citation | 418 P.2d 841,245 Or. 4 |
| Parties | STATE of Oregon, Respondent, v. Martin Rene FRAZIER, Appellant. |
| Court | Oregon Supreme Court |
James O. Goodwin, Oregon City, argued the cause for appellant. With him on the briefs was John C. Anicker, Jr., Oregon City.
Roger N. Rook, Dist. Atty., Oregon City, argued the cause for respondent. With him on the brief were James R. Carskadon, Jr., and Jack F. Olsen, Deputy Dist. Attys., Oregon City.
Before McALLISTER, C.J., and PERRY, SLOAN, DENECKE, HOLMAN, LUSK and SCHWAB *, Justices.
The defendant was convicted of murder in the second degree and appeals.
The defendant, on active duty with the United States Marine Corps in California, was called to Portland, Oregon, by the death of his mother. He arrived in Portland on September 17, 1965, and stayed at the home of an aunt where he shared a room with her son Jerry Rawls, who was also involved in the homicide. On the morning of September 22, 1964, the body of one Russell Marleau was discovered and the cause of death determined to be manual strangulation. The defendant was arrested September 24th at approximately 4:00 p.m., and has remained in police custody since that time. Rawls was arrested later that same day. The officers who arrested Rawls were admitted to the home of the aunt and were permitted by the aunt and Rawls to search for Rawls' clothing. They took into their possession a blue bag and its contents. Rawls entered a plea of guilty to murder in the second degree.
The defendant's first assignment of error is directed to the trial court's failure to sustain his motion to suppress as evidence the contents of the blue zipper travel bag seized by the police and subsequently admitted as evidence.
The facts disclose that subsequent to the detention of the defendant police officers arrested Jerry Rawls. Rawls consented to a search of the room he and the defendant were sharing. The officers seized the bag and its contents. No search warrant was ever obtained. A police officer testified:
* * *'
The bag, which was divided into three compartments, was opened and there was found therein clothing of Rawls and clothing and other property belonging to the defendant. The officer testified that the clothing of both Rawls and the defendant had stains thereon that appeared to be blood. These facts are uncontradicted. This being a murder case, the appearance of blood on the clothing would constitute reasonable cause to believe that the clothing was substantial evidence of the commission of the crime.
The defendant does not contend that the police search of the home and room was unreasonable, but does contend that the search of the bag and the seizure of its contents violated Art. I, Section 9 of the Oregon Constitution and the Fourth Amendment to the Constitution of the United States.
The courts in recent years in considering the question of unreasonable searches and seizures under the Fourth Amendment to the Constitution of the United States, and constitutional requirements such as ours, have generally held that a consent to search the property of another must be granted by one who has the express or implied authority to permit the search. People v. Cruz, 61 Cal.2d 861, 40 Cal.Rptr. 841, 395 P.2d 889; Holzhey v. United States, 223 F.2d 823 (5th Cir. 1955); United States v. Blok, 88 U.S.App.D.C. 326, 188 F.2d 1019 (1951).
The facts of this search and seizure do not fall within the ambit of these cases. The search was made with the consent of Jerry Rawls. This was not a general hunt for evidence of any kind; the bag was opened for the specific purpose of obtaining the clothing of Rawls and with his permission. Having opened the bag for the proper purpose of removing Rawl's clothing, the police were authorized to seize other evidence related to the crime found in the bag.
While it is true that at the time of Rawls arrest the defendant was a definite suspect and in detention, there is nothing in the record to disclose that the officers knew that the bag itself might be the property of anyone other than Rawls until the bag was opened and its contents noted.
In this case, the officer acted with the consent of Rawls, who, so far as the record discloses, was authorized to use the bag for the storage of his clothing. Only unreasonable searches and seizures come within the interdict of the Fourth Amendment, and what is reasonable depends upon the...
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State v. McCoy
...v. State of California, 386 U.S. 58, 59, 87 S.Ct. 788, 17 L.Ed.2d 730 (1967); State v. Ramon, Or., 432 P.2d 507 (1967); State v. Frazier, Or., 418 P.2d 841 (1966). The 'standards of reasonableness under the Fourth Amendment are not susceptible of Procrustean application': Ker v. State of Ca......
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Gladden v. Unsworth
...406 P.2d 681; Washington v. People, 158 Colo. 115, 405 P.2d 735; People v. Skidmore, 69 Ill. App.2d 483, 217 N.E.2d 431; State v. Frazier, 245 Or. 4, 418 P.2d 841; State v. Unsworth, 240 Or. 453, 402 P.2d 507 (affirming Unsworth's conviction); and State v. Dotson, 239 Or. 140, 396 P.2d 5 An......
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State v. Brooks
...Frazier had been convicted of second degree murder in an Oregon State Court. His conviction was affirmed on appeal. See State v. Frazier, 245 Or. 4, 418 P.2d 841 (1966). He then petitioned for writ of habeas corpus in the federal judicial system and his case was reviewed on certiorari to th......
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State v. Osborne
... ... The prosecutor, during pre-trial discussion of defendant's motions, had stated that Rowe had said that he would testify. In almost identical circumstances, the Oregon Supreme Court has held that a defendant was not prejudiced by such an opening statement. State v. Frazier, 245 ... Or. 4, 418 P.2d 841 (1966). The trial court's refusal to dismiss the case for prosecutorial misconduct was not error ... Defendant next assigns error to the admission of the taped confession of Saunders. 3 He contends that the admission of the tape was contrary to the ... ...