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STATE v. HOWARD

01122854, 01122853; A121011 (Control), A121012.

129 P.3d 792 (2006)

204 Or. App. 438

STATE of Oregon, Respondent, v. Sharon Dawn HOWARD, Appellant. State of Oregon, Respondent, v. Gary Dean Dawson, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted December 1, 2005.

Decided February 22, 2006.

Attorney(s) appearing for the Case

Patrick M. Ebbett argued the cause for appellants. With him on the brief was Chilton, Ebbett & Rohr, LLC.

Denis M. Vannier, Assistant Attorney General, argued the cause for respondent. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, SCHUMAN, ORTEGA, and ROSENBLUM, Judges.

Resubmitted En Banc December 1, 2005.

LINDER, J.

The sole issue in this case is whether police invaded defendants' protected possessory or privacy rights under Article I, section 9, of the Oregon Constitution by searching their garbage after the sanitation collection service collected it and voluntarily turned it over to police. We conclude that the answer is no and that the trial court correctly denied defendants' motions to suppress evidence obtained as...

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