State v. Carter

The question that this case presents is whether a warrant that authorized the police to search for specific items but did not authorize them to seize those items is facially valid under Article I, section 9, of the Oregon Constitution. The trial court held that it was not. The Court of Appeals reversed, holding that, under Article I, section 9, a warrant may authorize only a search or only a seizure; it need not authorize both to be valid. State v. Carter, 200 Or App 262, 113 P3d 969 (2005). We allowed defendant’s petition for review and now affirm the Court of Appeals decision.

The search…