Oregon Appellate Court, November 6, 2019

by: Rankin Johnson • November 6, 2019 • no comments

Summarized by Rankin Johnson, OCDLA

SEARCH AND SEIZURE - Staleness

Evidence that defendant improperly touched girls he coached, that ten years earlier defendant had photographs of other girls he coached on his computer, and that after his arrest defendant asked his wife to hide the computer, supported a warrant to search the computer. Affirmed.

The old evidence was not stale because photographs are likely to be kept for a long time. The court declined to rely on boilerplate about the affiant's "training and experience," but that did not affect the ultimate decision.

State v. Gustafson 300 Or App 438 (November 6, 2019) (Powers) (Deschutes County, Ashby)

SENTENCING - Upward departures

Possession of a sharpened nail by an inmate was the offense of supplying contraband and, although defendant did not use it, supported a sentencing enhancement for a dangerous weapon. Affirmed.

State v. Craigen 300 Or App 451 (November 6, 2019) Powers) (Umatilla County, West)

FAILURE TO REGISTER AS A SEX OFFENDER - Events triggering reporting requirement

Although defendant left his old residence, he did not acquire a new one and therefore had no obligation to report. Reversed.

State v. Miller 300 Or App 459 (November 6, 2019) (Mooney) (Curry County, Margolis)