State v. Dixson

I find no principled reason to impose a higher standard governing law enforcement officers under Article I, section 9, of the Oregon Constitution, than is imposed by the Fourth Amendment.1 I would hold that Article I, section 9, is inapplicable in “open fields.” See Hester v. United States, 265 US 57, 44 S Ct 445, 68 L Ed 898 (1924).2 That construction is faithful to the text of Article I, section 9, and to its original intent. It also is supported by Oregon authority, by recent federal authority and by authority from other states. It provides for a uniform rule of law enforcement between…