Provisions / Article I, § 9

Article I, § 9

Search and seizure under the Oregon Constitution. Both cases in the library today — Humphrey and Wilcox — arise under this provision.

STATUS — IN EFFECT OREGON CONSTITUTION · OFFICIAL TEXT AT OREGONLEGISLATURE.GOV

What it provides, in plain English

Protection against unreasonable search and seizure. Article I, section 9 protects people, houses, papers, and effects against unreasonable search or seizure. It is the provision Oregon courts apply to stops, searches, seizures, and inventories carried out by Oregon officers.
Warrants only on probable cause. No warrant may issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.
Oregon law, independently construed. Oregon courts construe Article I, section 9 under Oregon's own law. A practice is tested under this provision in its own right, not only under the federal Fourth Amendment.

The caselaw on this provision

NEW — DECIDED OCT. 1, 2026

State v. Humphrey

375 Or 703 (2026) · Oregon Supreme Court, en banc · James, J.

A stop began when the officer activated her emergency lights and parked angled toward the defendant — before any words were spoken — and reasonable suspicion is measured at that instant.

STOPS · REASONABLE SUSPICION · ARTICLE I, § 9

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STILL CONTROLLING — REFERENCE SUMMARY

State v. Wilcox

374 Or 498 (2025) · Oregon Supreme Court, en banc · James, J.

On a purely civil detox hold, a closed, opaque container that does not announce its contents may not be opened during an inventory — even under a valid, non-discretionary inventory policy.

INVENTORY · CIVIL DETOX HOLD (ORS 430.399) · ARTICLE I, § 9

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Every case in the library that construes Article I, § 9 appears on this page automatically, newest first, each carrying its live status. 2 cards cite this provision today.

Related provisions + topics

ORS 430.399 TOPIC: CIVIL DETOX HOLD (ORS 430.399)TOPIC: INVENTORY TOPIC: REASONABLE SUSPICION TOPIC: STOPS

Amendment Watch

Amendments are tracked against the official text of the Oregon Constitution published by the Oregon Legislature.

When an amendment to this provision takes effect, the change is flagged on the page — old text and new text on the record — and noted in the next edition.

Amendments recorded for Article I, § 9: none yet on this page.