Oregon Appellate Court - May 7, 2014

by: Abassos • May 7, 2014 • no comments

A Jail Booking Policy is Invalid If It Authorizes the Opening of All Closed Containers

The booking policy of a County Sheriff is invalid if it authorizes the booking deputy to open all closed containers. Here, the Marion County booking policy directed the deputy to "Open closed containers to look for proof of identification, cash, valuables, medications or contraband." As such, it was overbroad. The AG conceded, on appeal, that the inventory was invalid, but argued that another policy (not introduced at trial) lawfully authorized the deputy to pull checks from the defendant's pocket. The court does not address the additional argument because if the state had raised it at trial, the record could have developed differently. State v Cherry, 262 Or App (2014).

A Parole Revocation Appeal is Moot Upon Release

Where the parole board imposed 30 months incarceration for a parole revocation, an appeal from that decision was moot at the point where the parolee was released. There are no collateral consequences to the decision to impose a term that is longer than legally allowed because the person may be kept on parole until the sentence expires, regardless of the prison term served. Dunmire v Board of PPPS, 262 Or App (2014).

Preservation - Dependency

The court rejects both of father's arguments on appeal from a jurisdiction hearing because they were unpreserved:

• In the trial court, father argued that he had not knowingly engaged in prostitution activities with Mother. On appeal, father argued that there was no evidence that children were exposed to any acts or were at risk of harm or that the acts were likely to recur.
• In the trial court, father argued that visitation should not be suspended because it would be detrimental to the children. On appeal, father argues that DHS failed to present constitutionally sufficient evidence to support a suspension of visitation.

Affirmed. DHS v TL, 262 Or App (2014)