Oregon Appellate Court, January 21, 2021
by: Rankin Johnson • January 21, 2021 • no comments
Summarized by Rankin Johnson, OCDLA
EVIDENCE - Hearsay and witness availability
State should have sought a continuance to try to bring witness to court before relying on prior-testimony exception to hearsay rule, which requires proof of unavailability. Reversed.
The witness was reluctant, and had evaded service, and defendant's threats toward the witness also contributed to her failure to appear. But defendant's threats were not sufficient on their own to prove unavailability, and thus the state should have sought a continuance as part of making reasonable efforts to secure the attendance of a crucial witness.
State v. Cecconi 308 Or App 534 (January 21, 2021) (Egan) (Multnomah County, Hodson)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
SEARCH AND SEIZURE - Reasonable suspicion
Odor of marijuana in rented car with nervous driver coming from "source city" for marijuana did not provide reasonable suspicion to expand traffic stop. Reversed.
State v. XXX 308 Or App XXX (January 21, 2021) (XXX) (XXX County, XXX)
