State v. Heckathorne

The state seeks review of a Court of Appeals decision that reversed a trial court order denying defendants’ motion to suppress evidence. As in State v. Luman, 347 Or 487, 223 P3d 1041 (2009), the issue in this case involves the intersection between the warrant requirement in Article I, section 9, of the Oregon Constitution, set out post, 347 Or at 482, and the scope of police authority respecting items that are lawfully in police possession. Here, the question more specifically is whether the police must obtain a search warrant to determine the contents of an opaque metal cylinder lawfully in…