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STATE v. MILLER

TC C 82-08-36632; CA A27112; SC S30798.

709 P.2d 225 (1985)

300 Or. 203

STATE of Oregon, Respondent On Review, v. Jerry Lee MILLER, Petitioner On Review.

Supreme Court of Oregon.

Decided November 5, 1985.

Attorney(s) appearing for the Case

Stephen A. Houze, Portland, argued the cause for petitioner on review. With him on the petition was Birkland, Koch & Houze, Portland.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

A brief of the American Psychological Ass'n and Oregon Psychological Ass'n as amici curiae in support of petitioner was filed by Kit Kinports, Donald N. Bersoff and Ennis, Friedman, Bersoff & Ewing, Washington, D.C., and Jonathan A. Ater and Lindsay, Hart, Neil & Weigler, Portland.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, ROBERTS and CARSON, Justices.

CARSON, Justice.

This case involves the scope of the psychotherapist-patient privilege in Oregon, under OEC 504. Also at issue is the propriety of police conduct with respect to defendant and whether evidence seized from warrantless searches of defendant's person and his residential hotel room was properly admitted at trial. The evidence was admitted on three grounds: as obtained pursuant to a search incident to arrest, as an emergency exception to the warrant requirement...

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