Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STATE OF OREGON, Appellant, v. KATHY JEAN BEHRENS, LIONEL GEORGE YEAMAN Respondents.

PER CURIAM

REVERSED AND REMANDED.

Based upon the facts of State v. Marsden, Moore, Cassidy, 19 Or. App. 742, 528 P.2d 1066 (1974), a search was made of the premises occupied by Kathy Behrens at 1590 South Sherman Street in Albany and during the course of that search narcotics were found consisting of marihuana and what was "probably" a white powder containing amphetamine. These two defendants were charged as possessors of the marihuana. ORS 167.207. They moved to suppress the evidence on substantially the same basis as that advanced by State v. Marsden, Moore, Cassidy, supra.

The contraband was seized pursuant to a search warrant based upon an affidavit made by one of the arresting officers in the other case. In the affidavit he set forth the facts which we have related in the foregoing opinion except that reference to information from the state police officer on Highway I-5 about the described Toyota being en route to Albany and the information about the stop at the small grocery store, after it turned off into Albany, were omitted. These omissions were not important in view of the additional information which the affiant had after the arrest of Marsden, Moore and Cassidy which was included in the affidavit. We have held that the arrest and seizing of the evidence was proper in Marsden, Moore, Cassidy. The subsequent course of events which resulted in the search of the residence and the arrest of these two defendants was also proper.

Reversed and remanded.

Use AI to get other relevant cases.

Comments

STATE v. BEHRENS, YEAMAN
(Feb 19, 1975)