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2012-12-21T00:22:15Z

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''Read the full article for details about the following new cases:''
* Civil Commitment - Danger to Others
* Consent to Search - Housemate can't Override Objection to Search

===
Civil Commitment - Danger to Others===

Physical resistance to arrest, unsubstantiated expert testimony, and hostility during a pre-commitment interview are not enough to establish that someone is a danger to others. Here: (1) Appellant's resistance to arrest was "an isolated response to 'an unusual and threatening situation'"; (2) There was no evidence on the record to support the expert testimony of a psychiatrist and an examiner; and (3) Volatility during a pre-commitment interview was not "extraordinarily persuasive." Therefore the State did not meet its burden of showing that it was "highly probable" that AMIP would pose a danger to others. Reversed.
[http://www.publications.ojd.state.or.us/A139503.htm ''State v. A.M.R.'']

===Consent to Search - Housemate can't override objection to search===

Defendant's arrest did not negate his objection to a warrantless entry of his home, even where his co-tenant subsequently gave consent. Per the SCOTUS decision in [http://scholar.google.com/scholar_case?case=15354777432474595853&hl=en&as_sdt=2&as_vis=1&oi=scholarr ''Georgia v. Randolph''], a co-tenant does not have the authority to override the present objection of a fellow occupant to a search. As today's decision points out: it does not "somehow become reasonable under the 4th amendment for police to ignore a tenant's earlier objection once that tenant is arrested."
[http://www.publications.ojd.state.or.us/A137030.htm ''State v. Caster'']

{{wl-publish: 2010-07-06 21:00:00 -0700 | abassos }}

Blog:Case Reviews/Oregon Court of Appeals 07-07-10 - Revision history

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