Opinion
No. C 77-02-02660, CA 8857, SC 25736
Petition for review April 20, 1978
Reversed and remanded June 20, 1978
In Banc
On review from Court of Appeals.
Appeal from Circuit Court, Multnomah County. Richard J. Burke Judge. 33 Or. App. 271, 576 P.2d 38 (1978).
Reversed and remanded.
Marianne Oswald, Deputy Public Defender, and Gary D. Babcock, Public Defender, Salem, for the petition.
Catherine Allan, Assistant Attorney General, James A. Redden, Attorney General, and Al J. Laue, Solicitor General, Salem, contra.
MEMORANDUM OPINION.
Tongue, J., filed dissenting opinion in which Howell and Bryson, J.J., join.
MEMORANDUM OPINION.
The opinion of the Court of Appeals, 33 Or. App. 271, 576 P.2d 38 (1978), is reversed for failure to suppress evidence seized in violation of ORS 131.625. State v. Valdez, 277 Or. 621, 629, 561 P.2d 1006 (1977). There was insufficient evidence of danger to the police officer who made the seizure to justify failure to satisfy the statute.
The case is remanded with instructions to suppress the seized evidence.
I most respectfully dissent for the same reasons as stated in my dissenting opinion in State v. Valdez, 277 Or. 621, 629, 561 P.2d 1006 (1977), and because, in my opinion, the facts of this case are different than those in Valdez.
I am authorized to say that Howell, J., and Bryson, J., concur in this dissent.