STATE v. RUIZ

05C45322; A129934.

182 P.3d 246 (2008)

219 Or. App. 148

STATE of Oregon, Plaintiff-Appellant, v. Fernando G. RUIZ, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 2, 2008.


Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Jason E. Thompson, Salem, argued the cause for respondent. With him on the brief was Ferder Casebeer French & Thompson, LLP.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.


SERCOMBE, J.

The state appeals an order granting defendant's motion to suppress evidence seized from a warrantless search of his automobile. The state contends that the seizure without a warrant was lawful under the state constitution because of the exigent circumstances of the automobile's mobility or, alternatively, because the search was incident to defendant's arrest. We agree that the search was reasonable under the state constitution because of exigent circumstances...

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