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State v. Tucker

Citations

  • 997 P.2d 182
  • 330 Or. 85
  • 2000 Ore. LEXIS 150

How courts have described this case

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

  • noting that “Article I, section 9, prohibits only state action that infringes on a citizen’s constitutional rights”
  • rejecting the argument that “a passenger in an auto- mobile has no protected privacy interest or property interest in the automobile or its contents”
  • state failed to prove by preponderance of evidence that defendant lacked protected interest in camera case left in automobile in which defendant had been passenger
  • under ORS 133.693(4), the state bears the burden of proving that a defendant did not have a protected interest in place or items searched
  • private tow truck operator acting at request of officer must act within bounds of Oregon Constitution
  • “[I]n the context of a warrantless search, a defendant is not required to assert a protected property or privacy interest on which the state intruded.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carson, Gillette, Van Hoomissen, Durham, Leeson, Riggs

Read full opinion on CourtListener

Cited by

46 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

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.