State v. Smith

*237LANDAU, J.

In State v. Juarez-Godinez, 135 Or App 591, 604-05, 900 P2d 1044 (1995), affd 326 Or 1 (1997), we held that the use of a trained narcotics detection dog is a search within the meaning of Article I, section 9, of the Oregon Constitution. Left open in that decision was the question whether such “dog-sniff’ searches are subject to the warrant and probable cause requirements of Article I, section 9, or are subject to some lesser standard based on the minimal nature of the intrusion involved in such searches. That question is before us in this case.

Defendant argues that the trial court…