State v. McKendall , 36 Or. App. 187 ( 1978 )

TANZER, J.,

concurring.

I do not join in the dictum that a material witness can never be detained without previously obtaining a warrant. Although we so stated in State v. Lloyd, 22 Or App 254, 538 P2d 1278 (1975), there is no need to perpetuate that absolute statement in this case. Exigent circumstances are conceivable in which we might well hold it reasonable to detain a material witness without first obtaining a warrant. It is sufficient for this case to hold, and I would so hold, that there were no exigent circumstances to justify the arrest of the defendant without a warrant. Otherwise, I join the majority in all respects.