State v. Washington

This case requires us to resolve a conflict in our decisions regarding the permissible scope and intensity under Article I, section 9, of the Oregon Constitution1 of a search of a vehicle incident to a lawful arrest for driving under the influence of intoxicants (DUII) in violation of ORS 813.010.2 In State v. Brody, 69 Or App 469, 473, 686 P2d 451 (1984), we held that a “full search of the passenger compartment of a vehicle and the closed containers in it” exceeded the permissible scope and intensity of a search incident to a lawful arrest for DUII. We did so based on our conclusion that…