State v. Baumeister

WARDEN, J.,

specially concurring.

I concur because the police had probable cause to search defendant’s car and because the recently-discovered automobile exception to the warrant requirement of Article I, section 9, of the Oregon Constitution excuses their failure to obtain a warrant. State v. Brown, 301 Or 268, 721 P2d 1357 (1986); State v. Bennett, 301 Or 299, 721 P2d 1375 (1986). Whether defendant could properly consent to the search after *630requesting a lawyer is therefore irrelevant. I do not necessarily agree with my colleagues’ resolution of that issue. Neither do I think that it was necessary for them to discuss it. See State v. Bradbury, 80 Or App 613, 723 P2d 1051 (1986) (Warden, J., specially concurring).