State v. Tanner

*314LENT, J.

The issue is whether one who entrusts an effect to another has a right under Article I, section 9, of the Oregon Constitution against an unlawful search that discovers the effect.1 We hold one does.

Defendant took video tapes and equipment from his employer’s place of business and pledged them to Charles and Lori Best as collateral for a loan. Police officers, acting under an invalid warrant, discovered these items during a search of the Best residence. The discovery led to defendant’s indictment for theft.

Defendant, relying on Article I, section 9, of the Oregon Constitution, moved to…