Tuesday, June 29, 2010

Oregon has a state constitution

Yet another hat tip to FourthAmendment.com. In State v. Smith, No. A138276 (Or. 2010), the Oregon Court of Appeals held that an encounter between an officer and a driver was more than a "mere conversation" and therefore implicated and violated Article I, section 9 of the Oregon Constitution. That section provides the following protection:
No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure; and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
The Kansas Constitution Bill of Rights, Section 15 provides the following:
The right of the people to be secure in their persons and property against unreasonable searches and seizures shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.

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