STATE v. KUROKAWA-LASCIAK

07CR1309FE; A140430.

239 P.3d 1046 (2010)

237 Or. App. 492

STATE of Oregon, Plaintiff-Appellant, v. Tyler Juro KUROKAWA-LASCIAK, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 29, 2010.


Attorney(s) appearing for the Case

Jeremy C. Rice , Assistant Attorney General, argued the cause for appellant. With him on the brief were John R. Kroger , Attorney General, and Erika L. Hadlock , Acting Solicitor General.

Jay W. Frank , Eugene, argued the cause for respondent. With him on the brief was Moule & Frank.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


SCHUMAN, J.

The state appeals an order suppressing evidence found during a warrantless search of defendant's van. It argues that the search was lawful under the automobile exception to the warrant requirement or, in the alternative, because the search occurred after the voluntary consent of a person with authority over the vehicle. We agree with the state that, under the automobile exception as it has evolved up to the present...

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