State v. Rater
| Decision Date | 23 April 1969 |
| Citation | 253 Or. 109,453 P.2d 680 |
| Parties | STATE of Oregon, Respondent, v. Ollie Henry RATER, Appellant. |
| Court | Oregon Supreme Court |
Gary D. Babcock, Public Defender, Salem, argued the cause and filed a brief for appellant.
Gregory E. Milnes, Chief Deputy Dist. Atty., Hillsboro, argued the cause for respondent. With him on the brief was Richard Smurthwaite, Dist. Atty., Hillsboro.
Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.
Defendant was convicted of burglarizing a tavern in Washington county and appeals. The following facts present the issue on appeal:
In the early morning of December 24, 1967, defendant was observed by two patroling Tigard police officers on an overpass on State Highway 217 somewhere near Tigard. When the officers saw defendant at this point and at that time they had no reason to suspect him of any offense or of any misconduct. However, they stopped their patrol car and questioned defendant as to what he was doing there at that time, they inquired of his identity and made radio communication with their headquarters to ascertain if a person of defendant's name or description was wanted for anything. The radio response appears to have been negative. Defendant told them that he was hitchhiking and attempting to find his way to the Salem freeway.
At the time, defendant was carrying a small bag. After some questioning the officers invited defendant into the car for the stated purpose of giving him a ride. After he was in the car there was additional questioning and finally the officers asked defendant what was in the bag he was carrying. Defendant responded that it was his clothing. The officers asked if he would open the bag and disclose the contents, which defendant did. When the bag was opened it was found to contain a walkie-talkie radio, a drill and assorted bits, a chisel, a roof axe, a shingle axe, a key-hole saw and some crowbars. Defendant was then arrested for the nonexistent crime of the possession of burglary tools. He was taken from the car and his person was searched. His clothing contained a glass cutter, a can of dog repellant and some black gloves. None of the material was contraband.
Defendant was placed in jail. Later it was determined that the tools found in the bag defendant was carrying had been used in the burglary for which he was charged and convicted. When defendant was arrested the officers were not aware that the burglary had been committed.
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State v. Williams
...defined that term--there must be a valid arrest. If the arrest is invalid, a search incident thereto is also invalid. State v. Rater, 253 Or. 109, 453 P.2d 680 (1969); State v. Roderick, 243 Or. 105, 412 P.2d 17 (1966). By contrast, when there is probable cause to arrest and/or search, ther......
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Smith v. Cooper
... ... 485, 45 A.L.R.3d 857 ... Phyllis L. SMITH, as Executrix of the Estate of Clinton C ... Smith, Deceased, Appellant, ... Forrest COOPER (State Highway Engineer); L. C. Smitton ... (District Maintenance Superintendent); and A. F ... Parson (Division Engineer), Respondents ... Supreme ... ...
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State v. Warner
...possession of burglar's tools in 1971. Before that time, possession of burglar's tools was not a crime in Oregon. State v. Rater, 253 Or. 109, 453 P.2d 680 (1969). For many states, however, statutes proscribing possession of tools and implements of housebreaking are not a recent phenomenon.......
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State v. Parks
...on that discovery was unjustified. As we have indicated, the question is close. The trial court, placing reliance upon State v. Rater, 253 Or. 109, 453 P.2d 680 (1969), concluded that there was insufficient evidence upon which to base the arrest. The facts in Rater are somewhat analogous to......