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Oregon Supreme Court - December 13, 2018

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by: Rankin Johnson IV • December 20, 2018 • no comments

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE — Property held by third parties

Defendant's possessory interest in a mailed package did not prevent a dog sniff and subsequent investigation by postal inspectors. Trial court affirmed.

A postal inspector identified defendants' package as suspicious and permitted a dog to sniff it. When the dog alerted, another postal inspector, accompanied by a sheriff's deputy, took the package to deliver it personally, ask questions of the addressee, and seek permission to search the package, leading to the discovery of more evidence. The Supreme Court held that the activities taken with respect to the package were within the terms of the bailment.

State v. Sholedice/Smith 364 Or 146 (December 13, 2018) (Kistler) (Lincoln County, Bachart)

RIGHT TO PRESENCE AT TRIAL — Voluntariness and waiver

Trial court did not err by excluding pro-se defendant from trial following defendant's disruptive behavior. Trial court affirmed.

Defendant went through multiple attorneys and was found in contempt for being disruptive in pretrial hearings. When he sought to fire his attorney shortly before trial, he was warned that, if he did so and he was removed from the court for being disruptive, trial would continue. Defendant was ultimately removed, and the Supreme Court held that he had waved his right to counsel and to be present.

State v. Lacey 364 Or 171 (December 13, 2018) (Duncan) (Josephine County, Newman)