Summary
construing Jacobsen as holding that, “when an owner of an automobile consents to the general sweep of his vehicle, he nonetheless retains a privacy interest in the contents of a zipped duffel bag inside the vehicle”
Summary of this case from State v. DelongOpinion
(CC 95-12-39452; CA A92706; SC S46175)
Argued and submitted May 11, 2000.
Filed: March 8, 2001
On review from the Court of Appeals.
Appeal from Multnomah County Circuit Court, Marshall Amiton, Judge. 156 Or. App. 617, 969 P.2d 386 (1998).
Robert B. Rocklin, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Kaye McDonald Sunderland, Assistant Attorney General.
Peter Gartlan, Chief Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the briefs was David E. Groom, Public Defender.
MEMORANDUM OPINION
The decision of the Court of Appeals is affirmed by an equally divided court.