State v. Kurokawa-Lasciak
Oregon Supreme Court
1Opinion of the CourtWalters, J.
In this case, we adhere to prior decisions of this court and decide that the “automobile exception” to the warrant requirement of Article I, section 9, of the Oregon Constitution, does not permit a warrantless search of a defendant’s vehicle when the vehicle is parked, immobile, and unoccupied at the time that the police encounter it in connection with a crime.
The state charged defendant with various drug offenses, and defendant filed a motion to suppress evidence that the police had obtained from a warrantless search of his rental van. The state contended that no warrant was required under…
2Cases cited14 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- California v. CarneySupreme Court of the United States · 1985
- Georgia v. RandolphSupreme Court of the United States · 2006
- State v. CaraherOregon Supreme Court · 1982
- State v. HolmesOregon Supreme Court · 1991
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3Cited by36 opinions
- State v. MazzolaOregon Supreme Court · 2015
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- State v. McCarthyOregon Supreme Court · 2021
- State v. Fessenden / DickeOregon Supreme Court · 2014
- State v. AndersenOregon Supreme Court · 2017
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