State v. Galloway

These criminal cases, which have been consolidated for appeal, concern whether individuals retain interests protected by Article I, section 9, of the Oregon Constitution in garbage that they have left in garbage cans outside their homes for curbside collection. In both cases, the trial courts held that the searches and seizures violated Article I, section 9, of the Oregon Constitution. The state appeals. For the following reasons, we affirm.

We base our statements of fact on the trial courts’ factual findings. To the extent that the factual findings fail to address certain issues, we presume…