Welcome to The Library

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  Search and Seizure
  Privacy Interest, Stops,Arrests, Consent, Warrant Exceptions, Suppression Exceptions, Search Warrants

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  Forensic Science
  Ballistics, Bitemarks, Bloodstains, DNA, Eyewitness ID, Fingerprints, Handwriting ID, Polygraphs, Shaken Baby

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  Evidence Code
  Procedure, Relevance, Privileges, Lay Witnesses, Experts, Hearsay, Physical Evidence

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  Immigration
  Padilla, Agg Felonies, Inadmissibility, Removability, Moral Turpitude, Naturalization, Juveniles, U-Visas

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  Crimes
  Measure 11, Drugs, Sex Crimes, Homicide, Property, DUII, Child Abuse, Other Crimes

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  Self-Incrimination
  Evidentiary Burdens, State Compulsion, Custody/Compelling Circumstances, Right to Silence, Impeachment

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  Mental States
  Civil Commitments, Aid & Assist, GEI, Disordered Mental State, Mens Rea, Testing, DSM-IV

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  Defenses
  Alibi, Necessity, Speedy Trial, Self Defense

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  Oregon Constitution
  Speedy Trial, Right to Counsel, Confrontation, Double Jeopardy, Equal Privileges, Ex Post Facto, Venue

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  Extradition
  

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  Veterans and Military Service
  Created by Jess Barton.

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  Sentencing
  Criminal Episodes,Merger, Consecutive Sentences, Mandatory Minimums, Probation, Restitution, Collateral Consequences

Dependency Under Construction	Investigation Under Construction	Appeals/PCR/Habeas Under Construction.	Delinquency Not Yet Created

The OCDLA Library of Defense is a digital manual for criminal defense built by the collective contributions of OCDLA members. Ultimately, it will contain every law, every case, every expert, every resource and every good idea an Oregon defense attorney might need. But only if you help us out. If you visit a page on this website that is missing a case or has a typo, please edit the page. You can even reorganize or rewrite the page if you're feeling ambitious. If you have any questions or suggestions, please email me at: Alex Bassos at abassos@gmail.com

• Best Merger Arg Ever - DCS/MCS/PCS | Ryan Scott
• Restitution Appeals and a Little Known Statute | Ryan Scott
• Preservation at its Most Challenging | Ryan Scott
• "Are you for or against the dog this time?" SCOTUS on drug-detection dogs | Ryan Scott
• Ninth Circuit recognized that even sex offenders have a "particularly significant liberty interest" in family relationships | Ryan Scott

A meth conviction from 4 yrs ago plus personal amount possession now does not create pc for a search warrant

Officers obtained a search warrant for defendant’s house based solely on:

1. A four-year-old conviction for possessing a commercial amount of methamphetamine.

2. A recent consent search by defendant’s probation officer that found a half gram of meth and a dirty pipe in defendant’s house.

Such evidence, without more, did not provide probable cause to believe that defendant would have additional methamphetamine in other parts of his house. State v. Huff, __ Or App __ (2012).

Dependency – Permanency Judgment - Harm vs Severe Harm

“Under the totality of the circumstances as they existed at the time of father's motion, DHS established that there was a reasonable likelihood of harm to M's welfare such that it was not error to continue jurisdiction. M did not meet father until she was eight years old and had been in foster care for more than two years. . . M strongly preferred to continue to live in her foster home and was not aligned with father. Further, there was evidence that a sudden transition from her current placement with her "psychological" grandparents and into father's home could be harmful to M.”

However, “the record does not support the juvenile court's determination that placement with father within a reasonable time would cause M severe mental and emotional harm. Although there was evidence that any transition would be very difficult and would require services for M and father, that prospect is not unlike the circumstances in most dependency cases where a change in placement will be difficult for the child.” Thus, the plan should have been for reunification, not guardianship. Permanency judgment reversed. DHS v JN, __ Or App __ (2012).