particular- ity requirement (Oregon) · Go Syfert
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particular- ity requirement in Oregon

8 Oregon opinions name it 2 courts 2021–2026 8 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Regergreen
orctapp · 2016 · cited in 4 Oregon opinions naming this issue, 2024–2025
2 sentences

2025The purpose behind the particular- ity requirement “is a prohibition against general warrants whereby administrative officers determine what is and what is not to be seized, to guide the officer to the thing intended to be seized and to minimize the danger of unwar- ranted invasion of privacy by unauthorized seizures.” State v. Reger, 277 Or App 81, 90 , 372 P3d 26, rev den, 359 Or 847 (2016) (internal quotation marks, brackets, and ellipses omitted).

2025The purpose behind the particular- ity requirement “is a prohibition against general warrants whereby administrative officers determine what is and what is not to be seized, to guide the officer to the thing intended to be seized and to minimize the danger of unwar- ranted invasion of privacy by unauthorized seizures.” State v. Reger, 277 Or App 81, 90 , 372 P3d 26, rev den, 359 Or 847 (2016) (internal quotation marks, brackets, and ellipses omitted).

24
State v. DiMolfettogreen
orctapp · 2025 · cited in 1 Oregon opinions naming this issue, 2026–2026
1 sentence

2026Dimolfetto, 342 Or App at 467 (the defendant’s particular- ity challenge to a warrant to search third-party records for text messages, account information, and a list of contacts did not implicate the Mansor standard).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State v. Rose green
orctapp · 2014
2 sentences

2024And we recognize that “[t]he ‘degree of specificity’ required to achieve that objective ‘depends on the circumstances and the nature of the property to be seized.’ ” Id. at 91 (quoting Rose, 264 Or App at 107 ).

2024And we recognize that “[t]he ‘degree of specificity’ required to achieve that objective ‘depends on the circumstances and the nature of the property to be seized.’ ” Id. at 91 (quoting Rose, 264 Or App at 107 ).

22024–2024
State v. Tidyman green
orctapp · 1977
2 sentences

2026The purpose of the particular- ity requirement is to “guide the officer to the thing intended to be seized and to minimize the danger of unwarranted invasion of privacy by unauthorized seizures.” State v. Tidyman, 30 Or App 537, 542-43 , 568 P2d 666 , rev den, 280 Or 683 (1977).

2026The purpose of the particular- ity requirement is to “guide the officer to the thing intended to be seized and to minimize the danger of unwarranted invasion of privacy by unauthorized seizures.” State v. Tidyman, 30 Or App 537, 542-43 , 568 P2d 666 , rev den, 280 Or 683 (1977).

12026–2026
State v. Turay green
or · 2023
2 sentences

2026Unlike a search of a digital device like a cell phone or computer, the seizures and searches authorized by the warrants here did not “inher- ently carr[y] with [them]—from the very outset of the [sei- zure and] search—an enhanced risk of extensive govern- mental intrusion into the [owner’s] privacy interests.” State v. Turay, 371 Or 128, 140 , 532 P3d 57 (2023).

2026Unlike a search of a digital device like a cell phone or computer, the seizures and searches authorized by the warrants here did not “inher- ently carr[y] with [them]—from the very outset of the [sei- zure and] search—an enhanced risk of extensive govern- mental intrusion into the [owner’s] privacy interests.” State v. Turay, 371 Or 128, 140 , 532 P3d 57 (2023).

12026–2026
State v. Massey green
orctapp · 1979
2 sentences

2026“The objective is that the search be as pre- cise as the circumstances allow and that undue rummaging be avoided.” State v. Massey, 40 Or App 211, 214 , 594 P2d 1274 , rev den, 287 Or 409 (1979).

2026“The objective is that the search be as pre- cise as the circumstances allow and that undue rummaging be avoided.” State v. Massey, 40 Or App 211, 214 , 594 P2d 1274 , rev den, 287 Or 409 (1979).

12026–2026
State v. Mansor green
orccwashington · 2016
1 sentence

2023Such state searches raise the possibility of computer search warrants becoming the digital equivalent of general warrants and of sanctioning the ‘undue rummaging that the particular- ity requirement was enacted to preclude.’ [State v.] Mansor, 279 Or App [778,] 803[, 381 P3d 930 (2016)] (internal quo- tation marks omitted).

12023–2023
State v. Carter green
or · 2006
2 sentences

2021He argues that the gun photo should have been suppressed because neither of the two search com- mands encompassing the gun photo—the command to search for evidence of the owner or user of the device or the command to search for any evidence of the crimes under investigation—satisfies Article I, section 9’s particularity requirement.2 Article I, section 9, of the Oregon Constitution pro- vides, in relevant part, that a search warrant must “partic- ularly describ[e] the place to be searched, and the person or thing to be seized.” The framers adopted the particular- ity requirement to prohibit th

2021He argues that the gun photo should have been suppressed because neither of the two search com- mands encompassing the gun photo—the command to search for evidence of the owner or user of the device or the command to search for any evidence of the crimes under investigation—satisfies Article I, section 9’s particularity requirement.2 Article I, section 9, of the Oregon Constitution pro- vides, in relevant part, that a search warrant must “partic- ularly describ[e] the place to be searched, and the person or thing to be seized.” The framers adopted the particular- ity requirement to prohibit th

12021–2021

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 161.405 (3) OR § Or. Rev. Stat. § 167.017 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OR 8 (2021–2026) NE 2 (2017–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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