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STATE v. MEHARRY

(CC CFH030171; CA A124222; SC S52988).

149 P.3d 1155 (2006)

342 Or. 173

STATE of Oregon, Petitioner on Review, v. Kathy Louise MEHARRY, Respondent on Review.

Supreme Court of Oregon.

Decided December 21, 2006.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

John J. Tyner, III, Tyner & Associates, Hillsboro, argued the cause and filed the brief for respondent on review. With him on the brief was Annetta L. Spicer, Kuhn & Spicer, Hermiston.

Before De MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, RIGGS, BALMER, and KISTLER, Justices.

KISTLER, J.

Police officers searched defendant's van without a warrant after arresting her for driving under the influence of intoxicants. At issue in this case is whether that search came within an exception to the warrant requirement of Article I, section 9, of the Oregon Constitution. The trial court concluded that it did not, and the Court of Appeals affirmed. State v. Meharry, 201 Or.App. 609, 120 P...

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