Court of Appeals of Oregon August 12, 1987, 84-1823, 84-1821, 84-1822 CA A34586 (control), CA A34808, CA A34817 (State v. Dixson)

VAN HOOMISSEN, J.,

dissenting.

I find no principled reason to impose a higher standard governing law enforcement officers under Article I, section 9, of the Oregon Constitution, than is imposed by the Fourth Amendment.1 I would hold that Article I, section 9, is inapplicable in “open fields.” See Hester v. United States, 265 US 57, 44 S Ct 445, 68 L Ed 898 (1924).