State v. Kruchek

The majority holds that defendant continued to have a privacy interest in his ice chest, which was lawfully in the possession of the police, even though it was apparent to anyone in the vicinity of the chest that it contained marijuana because of its odor.* 1 As a result, the majority concludes that the police were required under Article I, section 9, of the Oregon Constitution, to procure a search warrant before they could open the cooler. The majority’s reasoning is contrary to the reasoning of the Supreme Court in State v. Herbert, 302 Or 237, 729 P2d 547 (1986), and accordingly, it errs.

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