Opinion · Orlaw Oregon

STATE v. ANDERSON, 81 Or. App. 510 (1986)

725 P.2d 1297

Type
Opinion
Court
Orlaw Oregon
Jurisdiction
Orlaw
Date
1986-12-30
Topic
general

STATE v. ANDERSON, 81 Or. App. 510 (1986) 725 P.2d 1297 STATE OF OREGON, Respondent, v. STEVEN C. ANDERSON, Appellant.

Citator

UpLaw has not yet analyzed STATE v. ANDERSON, 81 Or. App. 510 (1986). The absence of a flag is not a finding that it is good law.

STATE v. ANDERSON,81 Or. App. 510(1986)
725 P.2d 1297
STATE OF OREGON,Respondent, v.STEVEN C. ANDERSON,Appellant.
G16104; CA A35552
Oregon Court of Appeals.
Argued and submitted February 10, 1986
Reversed and remanded for new trial October 8, 1986
Reconsideration denied November 21, 1986
Petition for review allowed December 30, 1986
(302 Or. 460)
See later issue Oregon Reports
Appeal from District Court, Clackamas County.

Raymond R. Bagley, Judge.
Orrin Leigh Grover, Molalla, argued the cause and filed the brief for appellant.

Jeff Bennett, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Solicitor General, Salem.
Before Joseph, Chief Judge, and Van Hoomissen and Young, Judges.
PER CURIAM

Reversed and remanded for new trial.

Van Hoomissen, J., specially concurring.Page 511
PER CURIAM
Defendant appeals his convictions for driving under the influence of intoxicants and possession of an open container.FormerORS487.540;1formerORS487.841.2He was stopped at a police roadblock during hours of darkness on a rural road in Clackamas County. He moved to suppress the evidence obtained at the roadblock on the ground that the stop and search violated constitutional prohibitions against warrantless searches and seizures. The trial court denied the motion. We reverse on the basis of our decision inNelson v. Lane County,79 Or. App. 753,720 P.2d 1291,rev allowed301 Or. 765(1986).

Reversed and remanded for a new trial.
VAN HOOMISSEN, J.,specially concurring.
I agree with the result in this case, because this court has very recently spoken to the issue.Nelson v. Lane County,79 Or. App. 753,720 P.2d 1291,rev allowed301 Or. 765(1986). I write specially to note that, while I did not participate in theNelsondecision, had I done so, I would have agreed with the view expressed by Judge Richardson in his specially concurring opinion.Page 512
  1. Repealed byOr Laws 1983, ch 338, § 978 andreenactedasORS813.010. ↩
  2. Repealed byOr Laws 1983, ch 338, § 978 andreenactedasORS811.170. ↩