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Oregon Appellate Court, September 1, 2021

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by: Rankin Johnson • September 3, 2021 • no comments

 

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE - Search incident to arrest

Probable cause that defendant committed assault or harassment is not a basis to search for a firearm in his nearby duffel bag. Reversed.

The court reversed on another count, unaffected by the warrantless search, because the verdict was nonunanimous.

State v. Lipka 314 Or App 124 (September 1, 2021) (DeHoog) (Multnomah County, Immergut)

SEARCH AND SEIZURE - Probable cause

Two people in a high crime area examining a small object and shaking hands is not probable cause to arrest for drug offenses. Reversed.

The court observed that it was a close question, and the officer's observations probably constituted reasonable suspicion.

State v. Lebanno 314 Or App 172 (September 1, 2021) (Shorr) (Multnomah County, Lavin)

CONTEMPT - Sufficiency

Trial court did not err in holding defendant in contempt for an outburst in which he sought to fire his attorney. Affirmed.

Although the record was "thin," further review was impossible in the absence of any objection by defendant's attorney, which could have led to more specific findings by the trial court.

State v. Fitzgerald 314 Or App 215 (September 1, 2021) (Kistler) (Harney County, Hung)

RIGHT TO COUNSEL - Waiver

Defendant's apathy regarding the appointment of counsel for sentencing did not constitute a valid waiver. Reversed.

In explaining its choice to review the unpreserved error, the court observed that defendant had been sentenced from the wrong gridblock, and the right gridblock carried a presumptive probation term.

State v. Bonome 314 Or App 232 (September 1, 2021) (Per curiam) (Clackamas County, Steele)

SEARCH AND SEIZURE - Particularity of search warrant application

Probable cause to search a particular cell phone is not probable cause to search all the defendant's electronic devices. Reversed.

State v. Ritter 314 Or App 241 (September 1, 2021) (Per curiam) (Marion County, Partridge)

SEARCH AND SEIZURE - Conduct constituting a stop

Incorrectly telling defendant that sleeping in her car in a private parking lot violated a city ordinance, after she admitted to sleeping in her car, was a stop. Reversed.

State v. Martin 314 Or App 244 (September 1, 2021) (Per curiam) (Jackson County, Orr)