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STATE v. SMITH

93CR815; CA A86622.

939 P.2d 157 (1997)

148 Or. App. 235

STATE of Oregon, Respondent, v. Desmond Uther SMITH, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted January 14, 1997.

Decided May 28, 1997.

Attorney(s) appearing for the Case

Mary M. Reese, Salem, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

David B. Thompson, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Resubmitted In Banc January 14, 1997.

LANDAU, Judge.

In State v. Juarez-Godinez, 135 Or.App. 591, 604-05, 900 P.2d 1044, rev. allowed 322 Or. 360, 907 P.2d 247 (1995), we held that the use of a trained narcotics detection dog is a search within the meaning of Article I, section 9, of the Oregon Constitution. Left open in that decision was the question whether such "dog-sniff...

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