Opinion
79,651-A; CA A64589
Argued and submitted February 11, 1991 Affirmed May 22, 1991 Reconsideration denied July 24, 1991
Petition for review allowed August 20, 1991
Appeal from Circuit Court, Multnomah County.
Linda Bergman, Judge.
John P. Manning, Portland, argued the cause and filed the brief for appellant.
Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Affirmed.
Appellant is a juvenile who had been placed on probation by the juvenile court for offenses that would have been crimes if committed by an adult. Two probation violation petitions were filed, alleging that he had unlawfully possessed a pistol and had violated curfew ordinances. He moved to suppress the pistol on the ground that it had been unlawfully seized. The court denied the motion on the basis that, even if it had been unlawfully seized, it would still be admissible in a probation violation hearing under State v. Kissell, 83 Or. App. 630, 732 P.2d 940, rev dismissed 303 Or. 369, 736 P.2d 564 (1987). The court admitted the evidence and revoked the child's probation.
Appellant concedes that the evidence is admissible under Kissell but asks that we overrule that case. We decline.
Affirmed.