2022 Search & Seizure CLE Archive Package
Product description:Search & Seizure: From Analog to Digital, Suppress It All
September 9-10 2022 | Agate Beach Inn, Newport
Friday, September 9Moderator: Susan Elizabeth Reese, Newport
What, When and How: The Landscape of Getting Rid of Bad Evidence (or improving your case by trying)
Rosalind Manson Lee, Eugene
“Am I free to go, Officer?”: Stop Law Update
Harry Carson, Metropolitan Public Defenders
We will cover an overview of the rules for “stops” and “traffic stops.” Police may only detain pedestrians, bicyclists , motorists and passengers with reasonable suspicion that a crime has occurred or probable cause that a traffic infraction has occurred, and police may only make an arrest when there is probable cause that the stopped person has committed a crime.
An Overview of Searches and Seizures in the Digital and Technological Age
Megan Graham, UC Berkeley School of Law, Berkeley CA
This session will provide an overview of the types of searches and seizures that law enforcement is regularly running in the digital and technological age, and what you should know to advocate for your clients. It will cover topics like cellphone and other device searches, cell site simulators, social media and other online account searches, automated licenses plate readers, and more.
CTRL-Z: Challenging Miranda Waivers
Dr. Fernandes-Tyson & Charlie Peirson, Multnomah Defenders, Inc.
Saturday, September 10Moderator: Laura Fine, Veneta
Using Suppression Motions/Hearings to Challenge Faulty and Misleading Forensic Evidence
Janis Puracal, Executive Director, Forensic Justice Project, Portland
In this session, attendees will learn how to use motions to suppress and suppression hearings as part of an overall challenge to faulty and misleading forensic evidence. Attendees will also learn how to develop the information learned through suppression hearings for further use in pre-trial motions and at trial. The speaker will discuss finding the right experts, working collaboratively with those experts, and strategies for direct and cross-examination of experts at suppression hearings.
If at First You Don’t Succeed, Get Another Warrant: Strategies for Challenging Successive Search Warrants
Sara Werboff, Office of Public Defense Services
Can the state just get another warrant when it messes up the first? The answer, of course, is complicated. This presentation will address this state tactic and provide strategies for suppressing the fruits of successive warrant searches.
When Google Searches for You: Challenging Geofence Warrants
Michael Price, NACDL, 4th Amendment Center Litigation Director
In 2020, Google received over 11,000 geofence requests from law enforcement agencies across the country, a dramatic increase from just 941 requests in 2018. Geofence searches create a virtual perimeter around an area, allowing law enforcement officers to access critical location information of individuals in that area. They are digital dragnets involving the location data of millions, raising deep concerns over Fourth Amendment and privacy protections. This training will cover the mechanics of geofence warrants and present strategies for defense lawyers to challenge their constitutionality
Suppress It All: Useful Developments in Oregon’s Exclusionary Rule
Mark J. Kimbrell, Office of Public Defense Services
The presentation will review useful foundational principles, emphasizing ways in which Article I, section 9’s burdens and presumptions can be used to suppress as much evidence as possible. It will then dive into recent caselaw on Article I, section 9’s exclusionary rule, as well as potential arguments grounded in those cases.