· 12/11/2002
State v. Burgholzer
Citations
- 59 P.3d 582
- 185 Or. App. 254
- 2002 Ore. App. LEXIS 1958
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the officer's search of a cigarette package in a search incident to arrest for driving under the influence of a controlled substance was permissible, because a \cigarette package was a place where evidence of that crime could have been concealed\
- search of car incident to arrest was permissible when, after the defendant performed field sobriety tests, an officer concluded that he had probable cause to arrest the defendant for DUII
- search was reasonable in scope and intensity where container searched was “plainly within [the] defendant’s immediate possession shortly before the arrest” and was “a place where evidence of [the crime of arrest] could have been concealed”
- officer permissibly opened cigarette package found in car during search incident to arrest for driving under the influence of a controlled substance, because “cigarette package was a place where evidence of that crime could have been concealed”
Source: CourtListener parenthetical corpus (CC0).
Judges: Edmonds, Deits, Kistler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.