Oregon Supreme Court· 12/31/2009
State v. Heckathorne
Citations
- 223 P.3d 1034
- 347 Or. 474
- 2009 Ore. LEXIS 1023
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that no warrant is required for the seizure of items in plain view because no privacy interest exists for items in plain view
- noting that a probable cause determination for a warrantless search can be based on an individual's training and expertise that \provide[s] the knowledge that turns various sensory clues into probable cause\
- reaffirming the principle that opening a lawfully seized container that does not reveal or announce its contents is a search that must be justified by a warrant or an exception to the warrant requirement
- “[The] individual expertise and training [of a police officer] may provide the knowledge that turns various sensory clues into probable cause.”
- same result for lawfully seized opaque metal cylinder where the smell of gas escaping from cylinder provided probable cause to believe cylinder contained unlawful substance
- same result for lawfully seized opaque metal cylinder where the smell of gas escaping from cylinder provided probable cause to believe cylinder contained unlawful substance
Source: CourtListener parenthetical corpus (CC0).
Judges: De Muniz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.