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STATE v. SHOLEDICE

(CC 141765) (SC S064787 (Control)), (CC 141766) (SC S064806).

431 P.3d 386 (2018)

364 Or. 146

STATE of Oregon, Petitioner on Review, v. Nathan Russell SHOLEDICE, Respondent on Review. State of Oregon, Petitioner on Review, v. Michelle Rae Smith, Respondent on Review.

Supreme Court of Oregon.

December 13, 2018.

Attorney(s) appearing for the Case

David B. Thompson, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

George W. Kelly, Eugene, argued the cause and filed the brief for respondent on review Sholedice.

Matthew Blythe, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for respondent on review Smith. Also on the brief was Ernest G. Lannet, Chief Defender.

Before Walters, Chief Justice, and Balmer, Kistler, Nakamoto, Flynn, and Nelson, Justices.

This case presents two questions. The first is whether a United States Postal Service (USPS) inspector seized a package in violation of the Oregon Constitution when she took the package out of a mail hamper and put it on the floor so that a drug-detection dog could sniff it. The second is whether another postal inspector seized the package...

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