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STATE v. GALLOWAY

01-1195, 01-1199, C 0206-33361, A118599 (Control), A118600, A120107.

109 P.3d 383 (2005)

198 Or. App. 585

STATE of Oregon, Appellant, v. Thad Robert GALLOWAY, Respondent. State of Oregon, Appellant, v. Amy Leigh Galloway, Respondent. State of Oregon, Appellant, v. Gina Marie Hoesly, aka Gina Marie Barber, Respondent.

Court of Appeals of Oregon.

Decided March 30, 2005.

Attorney(s) appearing for the Case

Daniel J. Casey, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Stephen A. Houze and Lawrence Matasar, Portland, argued the cause and filed the joint brief for respondents Thad Robert Galloway and Amy Leigh Galloway. Stephen A. Houze argued the cause and filed the brief for respondent Gina Marie Hoesly.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

These criminal cases, which have been consolidated for appeal, concern whether individuals retain interests protected by Article I, section 9, of the Oregon Constitution in garbage that they have left in garbage cans outside their homes for curbside collection.1 In both cases, the trial courts held that the searches and seizures violated Article I, section 9, of the Oregon Constitution...

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