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STATE v. WIGGINS

08CR1481FE; A141607.

260 P.3d 826 (2011)

245 Or. App. 119

STATE of Oregon, Plaintiff-Appellant, v. Pressley Dowane WIGGINS, Jr., Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 17, 2011.

Attorney(s) appearing for the Case

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Daniel C. Bennett, Deputy Public Defender, argued the cause for respondent. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge Pro Tempore.

SERCOMBE, P.J.

The state appeals from a pretrial order suppressing evidence discovered in a warrantless search of defendant's car. The state argues that the search fell under an exception to the warrant requirement of Article I, section 9, of the Oregon Constitution and, therefore, did not violate defendant's constitutional rights.1 We conclude that the search was justified by the "automobile exception" to the warrant requirement. Accordingly...

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