search falls within exception (Oregon) · Go Syfert
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search falls within exception in Oregon

7 Oregon opinions name it 1 courts 2005–2026 3 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 (1)

CaseFollowedCited
State v. Marshallgreen
orctapp · 2013 · cited in 1 Oregon opinions naming this issue, 2026–2026
2 sentences

2026See State v. Marshall, 254 Or App 419, 427 , 295 P3d 128 (2013) (explaining that, under Article I, section 9, of the Oregon Constitution, “a warrantless search is per se unreasonable, unless the search falls within an exception to the warrant requirement,” such as consent, and noting that the state bears the burden of proving that the defendant’s consent was voluntary); State v. Banks, 364 Or 332, 337 , 434 P3d 361 (2019) (observing that the search of a suspect’s breath is pro- tected under Article I, section 9).

2026See State v. Marshall, 254 Or App 419, 427 , 295 P3d 128 (2013) (explaining that, under Article I, section 9, of the Oregon Constitution, “a warrantless search is per se unreasonable, unless the search falls within an exception to the warrant requirement,” such as consent, and noting that the state bears the burden of proving that the defendant’s consent was voluntary); State v. Banks, 364 Or 332, 337 , 434 P3d 361 (2019) (observing that the search of a suspect’s breath is pro- tected under Article I, section 9).

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 (3)

CaseCitedYears
State v. Bridewell green
or · 1988
2 sentences

2025State v. Bridewell, 306 Or 231, 235 , 759 P2d 1054 (1988).

2025State v. Bridewell, 306 Or 231, 235 , 759 P2d 1054 (1988).

32009–2025
State v. Davis green
or · 1983
2 sentences

2013State v. Davis, 295 Or 227, 237 , 666 P2d 802 (1983).

2013State v. Davis, 295 Or 227, 237 , 666 P2d 802 (1983).

32005–2013
State v. Banks green
· 2019
2 sentences

2026See State v. Marshall, 254 Or App 419, 427 , 295 P3d 128 (2013) (explaining that, under Article I, section 9, of the Oregon Constitution, “a warrantless search is per se unreasonable, unless the search falls within an exception to the warrant requirement,” such as consent, and noting that the state bears the burden of proving that the defendant’s consent was voluntary); State v. Banks, 364 Or 332, 337 , 434 P3d 361 (2019) (observing that the search of a suspect’s breath is pro- tected under Article I, section 9).

2026See State v. Marshall, 254 Or App 419, 427 , 295 P3d 128 (2013) (explaining that, under Article I, section 9, of the Oregon Constitution, “a warrantless search is per se unreasonable, unless the search falls within an exception to the warrant requirement,” such as consent, and noting that the state bears the burden of proving that the defendant’s consent was voluntary); State v. Banks, 364 Or 332, 337 , 434 P3d 361 (2019) (observing that the search of a suspect’s breath is pro- tected under Article I, section 9).

12026–2026

Where else courts name it

AL 28 (1995–2026) IN 11 (1987–2019) OH 11 (2007–2020) CA 9 (2019–2023) IA 7 (1989–2026) OR 7 (2005–2026) CO 4 (1986–2025) NE 3 (2022–2025) WA 3 (2002–2005) TX 2 (1982–2019) MI 2 (1976–1988)

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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