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Posts tagged "stop"

Free your ass and your kind will follow

Cody Gean Canfield could have just walked away. He wasn't under arrest and he was free to leave. The police officer who asked to search him even told him so. Nonetheless, and despite the fact that he had a marijuana pipe stuffed with burnt marijuana on him, Mr. Canfield allowed that officer to search him. This unfortunate decision on Cody's part started a sequence of events that led to his conviction for the felony drug crime of unlawful delivery of marijuana which the Oregon Court of Appeals upheld today here.

The unreasonableness of Oregon's "reasonable person" test

In a case decided this past Wednesday, the Oregon Court of Appeals highlighted just how unreasonable Oregon's "reasonable person" test has become in judging whether or not police contact with individuals transcends "mere conversation" and amounts to a constitutionally proscribed "stop."

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Kohlmetz, Steen & Hanrahan, P.C.

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