Procedure/Evidence

Name: People v. Kidd
Case #: E070996
Opinion Date: 05/16/2019
  • Categories: Cars, Procedure/Evidence, Search & Seizure

Summary

Defendant was detained without reasonable suspicion where an officer pulled in behind the defendant's car, which was stopped on the side of a residential street with its fog lights on, and pointed spotlights at the car. In the wee hours…

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Name: People v. Arebalos-Cabrera
Case #: D074047
Opinion Date: 09/14/2018
  • Categories: Cars, Conducted with Consent, Procedure/Evidence, Search & Seizure

Summary

After informing defendant he was free to leave a traffic stop, officer's request for consent to search defendant's vehicle was a consensual encounter that did not implicate the Fourth Amendment. A multiagency narcotics task force alerted CHP officers of suspicious…

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Name: Davis v. Appellate Division of the Superior Court
Case #: B286525
Opinion Date: 05/15/2018
  • Categories: Procedure/Evidence, Search & Seizure, Searches w/o Warrant

Summary

Where a motion to suppress evidence challenges multiple warrantless searches, the defendant must identify the government conduct being questioned, even though he is not required to state the basis for the challenge. Davis was charged with driving under the influence…

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Name: U.S. v. Johnson
Case #: 15-30222
Opinion Date: 05/14/2018
  • Categories: Admin Searches, Inventory Search, Procedure/Evidence, Search & Seizure

Summary

District court erred in denying defendant's motion to suppress where police officers' subjective purpose in conducting warrantless administrative search was to find evidence of a crime. Portland police arrested Johnson on an outstanding warrant and conducted an inventory search of…

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Name: People v. Rodriguez
Case #: S223129
Opinion Date: 08/22/2016
  • Categories: Procedure/Evidence, Search & Seizure

Summary

Finding a trial judge unavailable to hear relitigated suppression motion requires a greater showing than "mere inconvenience." The prosecutor dismissed possession of child pornography charges against Rodriguez after Judge Chiarello granted a suppression motion. After the prosecutor refiled the charges,…

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Name: Newman v. Wengler
Case #: 13-36185
Opinion Date: 06/16/2015
  • Categories: Extraordinary Remedies, Habeas Corpus (Federal), Procedure/Evidence, Search & Seizure

Summary

The Antiterrorism and Effective Death Penalty Act (AEDPA) did not abrogate Stone v. Powell (1976) 428 U.S. 465, 494. Newman filed a federal habeas petition challenging his state rape conviction on Fourth Amendment grounds. The district court denied the petition…

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