State v. Winn

This is the second of two companion cases that implicate, for purposes of Article I, section 9, of the Oregon Constitution, the standard for determining the scope of a criminal defendant’s consent to a law enforcement officer’s request to search an item of personal property. In State v. Blair, 361 Or 527, 396 P3d 908 (2017), we reviewed a trial court’s determination that the defendant’s consent to a police officer’s generalized request to search his backpack extended to the opening of a closed container inside the backpack. We concluded that the scope-of-consent inquiry is a factual one,…