State v. Andersen

If “to err is human,” then to overcorrect should be forgivable.1 Our majority opinion overcorrects. After the Court of Appeals drifted in 2010, deeming a vehicle search-able sans warrant because the vehicle is merely “operable,” and prompted the Supreme Court to reverse,2 we now overcorrect by requiring that the police must see a vehicle *720moving in order that the vehicle may be treated as “mobile” for purpose of the automobile exception. 269 Or App at 712-13, 713-14, 715.

All agree that Oregon law permits a warrantless search of a vehicle when police encounter a vehicle that is mobile and when…