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STATE v. KOSTA

TC No. C82-12-38992; CA A28823; SC S32356.

748 P.2d 72 (1987)

304 Or. 549

STATE of Oregon, Respondent On Review, v. James Wayne KOSTA, Petitioner On Review.

Supreme Court of Oregon.

Decided December 30, 1987.

Attorney(s) appearing for the Case

D. Lawrence Olstad, Portland, filed the petition and memorandum in response to questions of the court and argued the cause, for petitioner on review.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause, for respondent on review. With him on the memorandum in response to questions of the court were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

CARSON, Justice.

This case presents three issues under Article I, section 9, of the Oregon Constitution:1 (1) Did defendant have a protectable interest violated by an allegedly unlawful search of a package in transit where he was not a sender, an addressee, or an intended recipient of the package; (2) May police officers detain a package in transit without a warrant for purposes of exposure to a trained narcotics detection dog on the basis...

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