¶1dissenting.
¶2As stated in my dissent in State v. Fisher, 32 Or App 465, 470, 574 P2d 354, rev den (1978), it is my opinion that we went too far in State v. Culbertson, 29 Or App 363, 563 P2d 1224 (1977), in restricting conditions of probation.
¶3The protection of the public is the ultimate objective of our criminal system. It is unrealistic to so circumscribe the terms of probation that a warrantless search by a law enforcement officer during the period of probation is proscribed. If the defendant prefers incarceration to such a condition of probation he *179should make that known at the time of sentencing, otherwise, he should be deemed to have waived any objection to the provision.
¶4I would affirm and therefore respectfully dissent.