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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 CourtListener

Sourced 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.