Oregon Supreme Court· 3/9/2000
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 CourtListenerCited by
46 cases in this archive cite this case; the 20 most cited are listed.
- State v. UngerOregon Supreme Court· 2014-08-28· cited 113×
- State v. AshbaughCourt of Appeals of Oregon· 2008-12-31· cited 42×
- State v. CookOregon Supreme Court· 2001-10-18· cited 39×
- State v. GuggenmosOregon Supreme Court· 2011-05-05· cited 28×
- State v. HemenwayOregon Supreme Court· 2013-01-10· cited 23×
- State Ex Rel. Juvenile Department v. DefordCourt of Appeals of Oregon· 2001-10-31· cited 22×
- State v. ZumbrumCourt of Appeals of Oregon· 2008-07-23· cited 20×
- State v. BistrikaCourt of Appeals of Oregon· 2014-03-26· cited 20×
- State v. WashingtonCourt of Appeals of Oregon· 2014-09-17· cited 19×
- State v. LienOregon Supreme Court· 2019-05-09· cited 18×
- State v. GilkeyCourt of Appeals of Oregon· 2001-01-24· cited 16×
- State v. SinesOregon Supreme Court· 2016-04-14· cited 15×
- Barrett v. PetersOregon Supreme Court· 2016-10-20· cited 14×
- State v. LayCourt of Appeals of Oregon· 2011-04-06· cited 12×
- State v. StandishCourt of Appeals of Oregon· 2005-01-12· cited 12×
- State v. HendonCourt of Appeals of Oregon· 2008-09-03· cited 11×
- State v. SteffensCourt of Appeals of Oregon· 2012-06-27· cited 11×
- State ex rel. Juvenile Department v. M. A. D.Court of Appeals of Oregon· 2009-02-18· cited 9×
- State v. McKeeCourt of Appeals of Oregon· 2015-07-22· cited 9×
- State v. LumanOregon Supreme Court· 2009-12-31· cited 8×
Cites
6 cases in this archive are cited by this case.
- State v. TannerOregon Supreme Court· 1987-11-17· cited 194×
- State v. MortonOregon Supreme Court· 1998-03-05· cited 42×
- Leo v. KeislingOregon Supreme Court· 1998-10-07· cited 27×
- State v. HerrinOregon Supreme Court· 1996-05-09· cited 24×
- State v. TuckerCourt of Appeals of Oregon· 1997-12-24· cited 2×
- State v. TuckerCourt of Appeals of Oregon· 1998-05-27· cited 1×
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.