STATE v. HOWARD

(CC 01122854; CA A121011 (Control)), (CC 01122853; CA A121012; SC S53429).

157 P.3d 1189 (2007)

342 Or. 635

STATE of Oregon, Respondent on Review, v. Sharon Dawn HOWARD, Petitioner on Review. State of Oregon, Respondent on Review, v. Gary Dean Dawson, Petitioner on Review.

Supreme Court of Oregon.

Decided April 26, 2007.


Attorney(s) appearing for the Case

Patrick M. Ebbett, of Chilton, Ebbett & Rohr, LLC, Portland, argued the cause and filed the briefs for petitioners on review.

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

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.


KISTLER, J.

The question in this case is whether Article I, section 9, of the Oregon Constitution prohibits the police from engaging in a warrantless search of garbage that a sanitation company had picked up in the regular course of business and turned over to the police. The Court of Appeals held that, because defendants did not retain a possessory or privacy interest in the garbage once the sanitation company picked it up, the trial court correctly denied defendants...

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