STATE v. SMITH

CC 93CR815; CA A86622; SC S44403.

963 P.2d 642 (1998)

327 Or. 366

STATE of Oregon, Petitioner on Review, v. Desmond Uther SMITH, Respondent on Review.

Supreme Court of Oregon.

Decided July 24, 1998.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for Petitioner on Review. David B. Thompson, Assistant Attorney General, Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General, filed the brief.

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

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN and DURHAM, JJ.


GILLETTE, Justice.

This criminal case presents an interesting (and recurring) question: Does Article I, section 9, of the Oregon Constitution,1 require police officers to obtain a warrant before using a trained drug-detecting dog to sniff the exterior of a locked storage unit for odors that are imperceptible to the human nose? A majority of the en banc Court of Appeals answered that question in the affirmative, holding that any...

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