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State v. Pierce

Citations

  • 203 P.3d 343
  • 226 Or. App. 336
  • 2009 Ore. App. LEXIS 130

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[B]edrock constitutional principles * * * rigorously protect the residential curtilage from warrantless, uninvited intru- sions.”
  • police did not have implied consent to walk up a driveway that extended along the side of the defendant’s house and look in the backyard
  • officer trespassed by bypassing the defendant’s front door and walking past the side of the defendant’s house to reach defendant’s backyard gate
  • “Approaches to points on the property other than a front door *** are generally not regarded as being approaches to which the occupant has impliedly consented.”
  • the defendant and his friend did not manifest consent for public to enter backyard by arguing loudly in the backyard at 1:00 a.m., even though it was reasonably foreseeable from that conduct that others would want to contact them there

Source: CourtListener parenthetical corpus (CC0).

Judges: Brewer, Chief Judge, Edmonds, Landau, Haselton, Armstrong, Wollheim, Schuman, Ortega, Rosenblum, and Sercombe, Judges

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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.