A Book from the Library of Defense

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by: Rankin Johnson IV • October 24, 2018 • no comments

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE - Conduct constituting a stop

Police improperly stopped defendant when they boxed in his parked car on the road to prevent him from driving away. Remanded for further proceedings.

A citizen reported to police that defendant was parked in front of her house, behaving erratically. The citizen's husband spoke to the man and opined that he was "on something." Police approached, boxed in the man's car so he could not drive off and commit DUII, and approached him to investigate. He made incriminating statements. Boxing his car in was a stop, and, at that time, police did not have a lawful basis to stop.

State v. Dendy 294 Or App 539 (October 24, 2018) (Aoyagi) (Marion County, Bennett)

DUII - Statutory counterparts

Kansas conviction was a statutory counterpart to Oregon DUII, supporting Oregon felony DUII charge. Affirmed.

State v. Guzman 294 Or App 552 (October 24, 2018) (Per Curiam) (Deschutes County, Adler)