Oregon Court of Appeals 01-06-10
by: Abassos • January 5, 2010 • no comments
(Importing text file) |
Latest revision as of 17:21, December 21, 2012
Read the full article for details about the following new cases:
- Probable Cause - Drug Dog
- Failure to Appear - 1st vs 2nd degree
- Upward Departure - Vulnerable Victim
- Stalking Protective Order - Free Speech
- Interfering with Public Transportation - Shared Public Use Platforms
Contents |
Probable Cause - Drug Dog [edit]⇲
A drug dog's positive sniff amounts to probable cause that drugs are present, at least when combined with an anonymous tip that the defendant was a drug dealer. This is true despite uncontroverted evidence that drug dogs only find drugs 2/3rds of the time and that they can hit on residual amounts. 2/3rds is still more likely than not. State v. Foster
Failure to Appear - 1st vs 2nd degree [edit]⇲
You can't be convicted of 1st degree failure to appear when the only evidence is that you were released to appear on misdemeanor charges. Moreover, 2nd degree FTA is not a lesser included of 1st degree FTA. Thus, it's just a plain old reversal without remand. State v. Arney
Upward Departure - Vulnerable Victim [edit]⇲
The trial court erred in imposing a vulnerable victim upward departure in a coercion case where the victim had been raped a year before. There was no evidence of increased vulnerability, harm or threat of harm for this victim. State v. Enemesio
Stalking Protective Order - Free Speech [edit]⇲
While communicative, non-threatening contacts cannot themselves provide a basis for a stalking protective order, they can provide context for non-communicative contacts to support such an order. Here, the protected person was reasonably afraid for her safety taking all the contacts together. Buskirk v. Ryan
Interfering with Public Transportation [edit]⇲
A Max platform which has a shared public use is not a "transit dedicated light rail platform." Thus, defendant's entry onto the platform was not Interfering with Public Transportation. We're talkin about you Hillsboro Transit Center. State v. Begay