Oregon Appellate Court - May 7, 2014

by: Abassos • May 7, 2014 • no comments

A Jail Booking Policy is Invalid If It Authorizes the Opening of All Closed Containers The booking policy of a County Sheriff is invalid if it authorizes the booking deputy to open all closed containers. Here, the Marion County booking policy directed the deputy to "Open closed containers to look for proof of identification, cash, valuables, medications or contraband." As such, it was overbroad. The AG conceded, on appeal, that the inventory was invalid, but argued that another policy (not introduced at trial) lawfully authorized the deputy to pull checks from the defendant's pocket. The court does not address the additional argument because if the state had raised it at trial, the record could have developed differently. State v Cherry, 262 Or App (2014).

A Parole Violation Sentencing Appeal is Moot Upon Release

Where the board imposed 30 months incarceration, an appeal from that decision was moot at the point where the parolee was released. There are no collateral consequences to the decision to impose a term that is longer than legally allowed because the person may be kept on parole until the sentence expires, regardless of the prison term served. Dunmire v Board of PPPS, 262 Or App (2014).