State v. Wiggins

Defendant petitions for reconsideration of our decision in State v. Wiggins, 245 Or App 119, 260 P3d 826 (2011), in which the state appealed a pretrial order suppressing evidence discovered in a warrantless search of defendant’s car. We reversed the trial court, concluding that the search was justified by the automobile exception to the warrant requirement of Article I, section 9, of the Oregon Constitution. In doing so, we relied, in part, on this court’s decision in State v. Kurokawa-Lasciak, 237 Or App 492, 239 P3d 1046 (2010) (Kurokawa I), which was subsequently reversed by the Supreme…