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STATE v. WASHINGTON

130242199; A154345.

335 P.3d 877 (2014)

265 Or. App. 532

STATE of Oregon, Plaintiff-Respondent, v. Caela WASHINGTON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 17, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Laura E. Coffin , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Peenesh H. Shah , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and LAGESEN, Judge.

LAGESEN, J.

This case requires us to resolve a conflict in our decisions regarding the permissible scope and intensity under Article I, section 9, of the Oregon Constitution1 of a search of a vehicle incident to a lawful arrest for driving under the influence of intoxicants (DUII) in violation of ORS 813.010.2 In State v. Brody, 69 Or.App....

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