STATE v. WINN

(CC 12C46360; SC S064263).

396 P.3d 926 (2017)

361 Or. 636

STATE of Oregon, Petitioner on Review, v. Kaylan Michelle WINN, Respondent on Review.

Supreme Court of Oregon.

June 29, 2017.


Attorney(s) appearing for the Case

Rolf C. Moan , Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Emily P. Seltzer , Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. Also on the brief was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Amanda Garty , Portland, filed the brief for amicus curiae Oregon Justice Resource Center.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Brewer, Nakamoto, and Flynn, Justices.


This is the second of two companion cases that implicate, for purposes of Article I, section 9, of the Oregon Constitution, the standard for determining the scope of a criminal defendant's consent to a law enforcement officer's request to search an item of personal property. In State v. Blair,

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