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STATE v. COCKE

(CC C904-33280; CA A96903; SC S46978)

45 P.3d 109 (2002)

334 Or. 1

STATE of Oregon, Respondent on Review, v. John Richard COCKE, Petitioner on Review.

Supreme Court of Oregon.

Decided April 18, 2002.

Attorney(s) appearing for the Case

Robin A. Jones, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was David E. Groom, State Public Defender.

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and De MUNIZ, Justices.

GILLETTE, J.

The issue in this criminal case is whether the police lawfully conducted a warrantless search of a private apartment in a large house. The search was intended to ensure the safety of police officers who were processing evidence seized in connection with the arrest of a tenant of one of the other apartments in the house. The trial court ruled that the warrantless search was a valid "protective sweep" of the house and, therefore, that evidence obtained...

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