Opinion
M325173; CA A32028
Argued and submitted October 22, 1984
Reversed and remanded for trial October 31, 1984
Appeal from District Court, Multnomah County.
Thomas Moultrie, Judge.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for appellant. On the brief were Dave Frohnmayer, Attorney General, James E. Mountain, Jr., and Robert E. Barton, Assistant Attorney General, Salem.
Craig P. Colby, Portland, filed the brief for respondent.
Before Gillette, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Reversed and remanded for trial.
This is a criminal case in which the pertinent events began when a police officer, from a place where he had a right to be, saw an open container of an alcoholic beverage in an occupied automobile. The trial court erred in suppressing evidence seized thereafter.
Reversed and remanded for trial.