State v. Cameron

I concur in the reasoning and the result, but would note that it appears to me to be contrary to the result reached by the majority in State v. Hickmann, 21 Or App 303, 534 P2d 1153 (1975). In Hickman, which involved the search of a teepee, both in the trial court and on appeal, the state relied on probable cause to search plus exigent circumstances, excusing the need for a warrant. There, despite the fact that the state not only did not argue consent to search at trial, but did not argue it on appeal, when we found that the search could not be justified absent consent we remanded it for a…