Public-domain · open source
OpenJurist

148 Or. App. 235

939 P.2d 157

State v. Smith

Court of Appeals of Oregon

Decided May 28, 1997

Court of Appeals of Oregon · decided 1997-05-28

Cited by 2 later decisions — most recently August 1997

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1997-05-28

View the full empirical analysis of this case →

WARREN, J.,

¶1concurring.

¶2I agree with Judge Edmonds’ dissent that a dog sniff is not a search and that State v. Juarez-Godinez, 135 Or App 591, 604-05, 900 P2d 1044 (1995), affd 326 Or 1 (1997), holding to the contrary, in which I joined, was wrongly *247decided. Because, however, we are at this point bound by our holding that a dog sniff does constitute a search, I agree with the majority that there is no principled basis to make a dog-sniff exception to the probable cause requirement.

/148/orapp/235 · .json · Public domain