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STATE v. PICKLE

09CR0706; A150197.

288 P.3d 1039 (2012)

253 Or. App. 235

STATE of Oregon, Plaintiff-Respondent, v. Byron Gilbert PICKLE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 24, 2012.

Attorney(s) appearing for the Case

Jason E. Thompson argued the cause for appellant. With him on the brief was Ferder Casebeer French & Thompson LLP.

Douglas F. Zier , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before SCHUMAN, Presiding Judge, and NAKAMOTO, Judge, and HADLOCK, Judge.

HADLOCK, J.

Defendant was charged with unlawful possession and delivery of marijuana after a police officer discovered over 60 pounds of marijuana during a search of his vehicle. Defendant filed a motion to suppress, arguing that the search violated Article I, section 9, of the Oregon Constitution because the officer conducted it without first obtaining a warrant.1 The state defended the legality of the search on two grounds: first, that...

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