- Bookmark
- Share
- CaseIQ
STATE v. FONDREN
Before Schwab, Chief Judge, and Tanzer and Richardson, Judges.
PER CURIAM.
Reversed and remanded.
PER CURIAM.
The state appeals from an order suppressing contraband — marihuana and peyote — seized from the defendant's automobile. As the trial judge found, the police had probable cause to think that defendant's automobile contained the contraband. The police, without a warrant, seized the automobile which was on the parking lot maintained by defendant's employer for employes, and had it towed to the police garage. The police thereafter obtained a search warrant.
The trial judge held that in addition to probable cause, exigent circumstances to seize or search an operable automobile must exist before such can be done without a warrant. This was error. See State v. Greene, 30 Or. App. 1019, 568 P.2d 716 (1977).
Reversed and remanded.
Alert