State v. Bonilla

At issue in this case is the lawfulness of a police officer’s warrantless search based on a reasonable, but mistaken, belief that consent to search had properly been granted. Doctrinally, the search could be regarded as lawful under any of at least three different theories. First, it could be that the search qualified under the consent exception to the warrant requirement of Article I, section 9, of the Oregon Constitution. Second, this court could recognize a separate exception to the warrant requirement that applies to the circumstances of this case. Or third, the court could abandon its…