State v. Pickle

Defendant was charged with unlawful possession and delivery of marijuana after a police officer discovered over 60 pounds of marijuana during a search of his vehicle. Defendant filed a motion to suppress, arguing that the search violated Article I, section 9, of the Oregon Constitution because the officer conducted it without first obtaining a warrant.1 The state defended the legality of the search on two grounds: first, that defendant voluntarily had consented to the search and, second, that the search was permissible under the “automobile exception” to the warrant requirement. The trial…