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STATE v. McCARTHY

(CC 16CR75546) (SC S067608).

501 P.3d 478 (2021)

369 Or. 129

STATE of Oregon, Respondent on Review, v. Charles Steven MCCARTHY, Petitioner on Review.

Supreme Court of Oregon.

December 30, 2021.

Attorney(s) appearing for the Case

Zachary J. Stern , Ferder, Casebeer, French and Stern, LLP, Salem, argued the cause and filed the briefs for petitioner on review.

Christopher A. Perdue , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Rosalind M. Lee , Eugene, filed the brief for amici curiae Oregon Criminal Defense Lawyers Association and Oregon Justice Resource Center.

Before Walters, Chief Justice, Nakamoto, Flynn, Duncan, Nelson, and Garrett, Justices, and Landau, Senior Judge, Justice pro tempore.

In this criminal case, defendant moved to suppress evidence that law enforcement officers obtained during a warrantless search of a truck. Defendant had been driving the truck when officers stopped it for a traffic violation. During the stop, the officers developed probable cause to believe that the truck contained contraband. Although...

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