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· 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 CourtListener

Sourced 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.