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Oregon Appellate Court, April 28, 2021

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by: Rankin Johnson • April 29, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE - Scope of consent

Defendant's consent for police to enter his apartment to render aid to his roommate, who had overdosed, did not extend to a subsequent criminal investigation. Reversed.

Defendant invited the first responding officer into the house, but drug investigators arrived after paramedics took the roommate to the hospital.

State v. Oxford 311 Or App 1 (April 28, 2021) (Egan) (Washington County, Fun)

SEARCH AND SEIZURE - Smell of marijuana

Odor of unburnt marijuana was not reasonable suspicion to expand traffic stop. Reversed.

The court reasoned that the "very strong" odor was not a basis to distinguish between a lawful and unlawful amount of marijuana. Aoyagi, dissenting, would have held that, with no one else in the car, the odor provided reasonable suspicion that defendant possessed more than an ounce.

State v. Moore 311 Or App 13 (April 28, 2021) (Tookey, Aoyagi dissenting) (Harney County, Cramer)

RECKLESS ENDANGERMENT - Sufficiency

Bicycling slowly along a flat sidewalk while holding a four-year-old child is not reckless endangerment. Reversed.

Defendant was carrying a handgun and a butterfly knife, but neither created a substantial risk under the facts of this case.

State v. Harris 311 Or App 27 (April 28, 2021) (Aoyagi) (Jackson County, Greif)