green
Positive treatment
Quoted verbatim 2×
11.9 score
“he police may search any area of the vehicle or any container within the vehicle in which they have probable cause to believe that the contraband or crime evidence may be found.”
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010
2018
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
State v. Bliss
because the automobile exception derives from oregon supreme court precedent, we lack the authority to narrow or overrule it.
discussed
Cited as authority (quoted)
State v. Bennett
he police may search any area of the vehicle or any container within the vehicle in which they have probable cause to believe that the contraband or crime evidence may be found.
discussed
Cited as authority (rule)
State v. Kurokawa-Lasciak
Even if we were to agree that “could be” does not equate to “probably is,” our determination would be the same; in State v. Smalley, 233 Or App 263 , 225 P3d 844 , rev den, 348 Or 415 *499 (2010), we held that probable cause to believe a mobile vehicle contained less than an ounce of marijuana justifies a warrantless automobile search because even that noncriminal amount is “contraband.” At the time that this probable cause developed, the vehicle was “mobile” under our cases and under Meharry, 342 Or at 180-81 , in which, as noted above, the Supreme Court held that even an auto…
discussed
Cited "see"
State v. Barber
See State v. Broughton, 221 Or App 580, 584 , 193 P3d 978 (2008), rev dismissed, 348 Or 415 (2010); State v. Loud, 149 Or App 250, 254 , 942 P2d 814 , rev den, 326 Or 58 (1997) (circumstances did not give rise to reasonable suspicion where the defendant had a ‘brief visit’ with a suspicious person in an area known for drug sales).” Id.
discussed
Cited "see"
State v. Finlay
See State v. Smalley, 233 Or App 263 , 266 n 1, 225 P3d 844 , rev den, 348 Or 415 (2010) (explaining that this court has no authority to narrow or overrule precedent establishing the automobile exception).
discussed
Cited "see"
State v. Bertsch
See State v. Broughton, 221 Or App 580, 584 , 193 P3d 978 (2008), rev dismissed, 348 Or 415 (2010) (officer lacked reasonable suspicion where the defendant visited a suspected drug house for “no longer than a minute”); State v. Loud, 149 Or App 250, 254 , 942 P2d 814 , rev den, 326 Or 58 (1997) (circumstances did not give rise to reasonable suspicion where the defendant had a “brief visit” with a suspicious person in an area known for drug sales).
discussed
Cited "see"
PLISKA v. Umatilla County
(2×)
See Stewart v. City of Salem, 231 Or.App. 356, 363-64 , 219 P.3d 46 (2009), rev. den., 348 Or. 415 , 233 P.3d 818 (2010) (discussing "raise it or waive it" principle); Vanspeybroeck v. Tillamook County, 221 Or.App. 677 , 691 n. 5, 191 P.3d 712 (2008) ("Under the statutes that apply to review of quasi-judicial local government land use decisions, the failure to raise an issue to a local decision-maker precludes appeal to LUBA based on that issue.
discussed
Cited "see"
PLISKA v. Umatilla County
See Stewart v. City of Salem, 231 Or App 356, 363-64 , 219 P3d 46 (2009), rev den, 348 Or 415 (2010) (discussing “raise it or waive it” principle); VanSpeybroeck v. Tillamook County, 221 Or App 677 , 691 n 5, 191 P3d 712 (2008) (“Under the statutes that apply to review of quasi-judicial local government land use decisions, the failure to raise an issue to a local decision-maker precludes appeal to LUBA based on that issue.
discussed
Cited "see"
State v. Alwinger
(2×)
See State v. Shaw, 233 Or App 427, 437-38 , 225 P3d 855 , rev den, 348 Or 415 (2010) (addressing and rejecting a similar argument comparing the 300-month Jessica’s Law prison term for rape and the prison term for intentional murder).
discussed
Cited "see, e.g."
State v. Hernandez-Esteban
Compare Smith, 128 Or at 525 (a life sentence imposed for a property crime would have “astounded” the court if the defendant were a first-time offender, but was proportionate where he was “an incorrigible criminal”), with State v. Shaw, 233 Or App 427, 439 , 225 P3d 855 , rev den, 348 Or 415 (2010) (“Although criminal history is one factor that Cite as 330 Or App 34 (2024) 49 As the foregoing cases illustrate, when a reason is given for considering a defendant’s prior convictions in a constitutional proportionality analysis, it is invariably that the sentences imposed in the past f…
discussed
Cited "see, e.g."
State v. Hernandez-Esteban
Compare Smith, 128 Or at 525 (a life sentence imposed for a property crime would have “astounded” the court if the defendant were a first-time offender, but was proportionate where he was “an incorrigible criminal”), with State v. Shaw, 233 Or App 427, 439 , 225 P3d 855 , rev den, 348 Or 415 (2010) (“Although criminal history is one factor that Cite as 330 Or App 34 (2024) 49 As the foregoing cases illustrate, when a reason is given for considering a defendant’s prior convictions in a constitutional proportionality analysis, it is invariably that the sentences imposed in the past f…
cited
Cited "see, e.g."
State v. Currin
See, e.g., State v. Smalley, 233 Or App 263, 266-67 , 225 P3d 844 , rev den, 348 Or 415 (2010) (generally describing the requirements for that exception to apply).
Retrieving the full opinion text from the archive…
STATE
v.
WILSON.
v.
WILSON.
S058209.
Oregon Supreme Court.
Jun 11, 2010.
Published
Citer courts: Court of Appeals of Oregon (2)
Petition for Review Denied.