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STATE v. GHIM

(CC C111491CR; CA A152065; SC S063021).

381 P.3d 789 (2016)

STATE of Oregon, Respondent on Review, v. Denny D. GHIM, Petitioner on Review.

Supreme Court of Oregon.

October 13, 2016.

Attorney(s) appearing for the Case

Morgen E. Daniels , Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Rolf C. Moan , 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, Paul L. Smith , Deputy Solicitor General, and Robert M. Wilsey , Assistant Attorney General.

Julia E. Markley , Perkins Coie LLP, Portland, filed the brief for amicus curiae American Civil Liberties Union of Oregon, Inc. Also on the brief was Kristina J. Holm.

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

The question in this case is whether an agency's use of an administrative subpoena to obtain defendant's wife's bank records violated Article I, section 9, of the Oregon Constitution. The trial court denied defendant's motion to suppress evidence that the agency uncovered as a result of its subpoena, and the Court of Appeals affirmed...

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