Oregon Appellate Court, December 22, 2021
Summarized by Rankin Johnson, OCDLA
SEARCH AND SEIZURE - Conduct constituting a search
Police request that cell-phone service provider 'ping' defendant's phone, revealing location, was a search, but the search was justified by exigency. Affirmed.
Police used the ping data to find a motel where defendant was staying and obtain a search warrant. The court rejected the state's cross-assignment of error that defendant lacked a privacy interest, but also rejected defendant's argument that no exigency justified the search.
The court also found that defendant's 25-to-life sentence for felony murder was proportionate, notwithstanding mild intellectual disability.
State v. Hawthorne 316 Or App 487 (December 22, 2021) (DeVore) (Marion County, Hart)
SEARCH AND SEIZURE - Scope of consent
Record supported trial court's finding that defendant's consent to search applied to large satchel, not just smaller purse within satchel. Affirmed
State v. Cross 316 Or App 506 (December 22, 2021) (DeVore) (Douglas County, Simmons)
TIME LIMITATIONS - Flight
Nine-year delay caused by defendant's flight to Texas did not count against the state in evaluating speedy-trial motion. Reversed on state's appeal.
The Court of Appeals disagreed with the trial court's holding that the state could have done more to locate defendant. Further, the record did not show prejudice to the defense beyond faded memories, which "cut both ways."
State v. Delatorre 316 Or App 559 (December 22, 2021) (Mooney) (Polk County, Campbell)
RESTITUTION - Pecuniary damages
Bad checks used to pay pre-existing debt did not support restitution award, because defendant owed the debt regardless of the checks. Reversed.
State v. Elder 316 Or App 572 (December 22, 2021) (Per curiam) (Douglas County, Simmons)