STATE v. SCOTT

10-85-02604; CA A37990.

729 P.2d 585 (1986)

82 Or.App. 645

STATE of Oregon, Appellant, v. Hollis Colin SCOTT, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1986.


Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem, filed the brief for appellant.

No appearance for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


YOUNG, Judge.

The state appeals a pretrial order granting defendant's motion to suppress evidence obtained as a result of a warrantless search of his home. The issue is whether the trial court erred when it decided that, as a matter of law, defendant's daughter could not validly consent to the search, because she is a minor. The state argues that such a per se rule is not required by either the Fourth Amendment or Article I, section 9, of the Oregon Constitution...

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