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Juvenile Search and Seizure News

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This wikilog article is a draft, it was not published yet.

by: Ryan • June 21, 2013 • no comments

According to today's press release, the Oregon Supreme Court granted review to the following juvenile case out of Washington County:

State of Oregon v. A. J. C. (S061191) (A147559) (appeal from Washington County Circuit Court; opinion reported at 254 Or App 717, 295 P3d 1157 (2013)).

A.J.C., a youth in a juvenile delinquency case, has been granted review of a Court of Appeals decision that affirmed a judg ment finding youth to be within the jurisdiction of the juvenile court for conduct that, if committed by an adult, would constitute possession of a gun in a public building, ORS 166.370; unlawful possession of a gun, ORS 166.250; unlawful use of a weapon, ORS 166.220; and menacing, ORS 163.190.

On review, the issue is:

Is a warrantless search of a closed container justified by the school safety exception to the warrant requirement, when the potential immediate safety threat allegedly has been eliminated by the seizure of the container?