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Oregon Supreme Court - July 26, 2018

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by: Rankin Johnson IV • July 27, 2018 • no comments

Summarized by Rankin Johnson, OCDLA

CRIMES - Theft by receiving

Shoplifting an item and attempting to return it to the store for money is not “selling stolen property,” and therefore is not theft by receiving. Reversed and remanded.

J. Kistler concurred, joined by Duncan and Balmer. He reasoned that theft by receiving could only occur after a theft by taking, and, on the facts of this case, the theft by taking had not been completed at the time of the alleged theft by receiving.

State v. Fonte 363 Or 327 (July 26, 2018) (Nakamoto, J.)

SEARCH AND SEIZURE - Inquiring about weapons

Asking about the presence of weapons during an otherwise lawful traffic stop was not an unlawful extension of the stop. Judgment of conviction affirmed.

Asking about weapons during a stop requires a “circumstance-specific danger.” Although defendant had not behaved in a manner that raised an officer-safety concern, the officer believed that performing a DUII investigation late at night was dangerous, which was a circumstance-specific danger.

State v. Miller 363 Or 374 (July 26, 2018) (Flynn, J.)