STATE v. FOSTER

(CC CR060302; CA A135857; SC S058240).

252 P.3d 292 (2011)

350 Or. 161

STATE of Oregon, Respondent on Review, v. Steven Michael FOSTER, Petitioner on Review.

Supreme Court of Oregon.

Decided April 7, 2011.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for petitioner on review.

Karla Ferrall , Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the briefs were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

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


LINDER, J.

After a lawful stop of defendant's car, police searched the car based on an alert by an officer's drug-detection dog. The search recovered a pipe with drug residue on it, which resulted in defendant's arrest and prosecution for possession of methamphetamine. At trial, defendant moved to suppress evidence of the seized pipe, arguing that the dog alert was insufficiently reliable to provide probable cause to search his car. After a hearing, the trial court...

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