Search and Seizure Manual - 2021 ed. w/2023 Update
Product description:
Updated for 2023!OCDLA the work of editor David Sherbo-Huggins, with assistance from Daniel Silberman & Sara Werboff.
The newest OSC search & seizure cases are discussed and analyzed, covering:
• permissibility of anticipatory warrants
• digital data search warrents & the particularity required
• limitations on warrantless seizure & retention of physical evidence
• complex & previously unresolved issues related to suppression of evidence discovered pursuant to a tainted warrant, and
• the extent of police involvement necessary to convert the conduct of a private person into state action
Cases covered will:
• analyze the legality of digital warrants
• help identify when/if the police have unlawfully converted a traffic stop into a criminal stop
without reasonable suspicion
Find the answers to these pressing questions:
• What is the “emergency aid” exception and how does it work?
• How long can police seize and retain property without a warrant?
• Does a strong odor of marijuana still constitute reasonable suspicion of a crime?
• Can police make a stop for failure to maintain a lane anytime the driver crosses over a lane line?
• When can police make a stop based on information provided to them by a non-law-enforcement witness or informant?
All that and much more can be found in the 2023 update to OCDLA’s Search and Seizure Manual. Stay up to date on the law to provide the best defense for your clients!
The 2021 edition of OCDLA’s Search and Seizure Manual, edited by David Sherbo-Huggins, Office of Public Defense Services—Appellate Division, has been significantly revised, and offers new chapters and the latest case analysis, making it Oregon’s most up-to-date and user-friendly search and seizure resource available.
Following an all-new essay on the origins of Oregon’s Article I, section 9, the manual addresses, chapter by chapter, the questions that must be resolved when properly analyzing any search and seizure case.
Was there state action? — cases in which non–law enforcement or private citizens are found to be working on the behest of the state.
What qualifies as a search? — cases organized by the manner of invasion: physical entries, sensorial inspections (visual, tactile, olfactory, auditory), uses of technology, as well as issues dealing with information held by third parties.
What qualifies as a seizure? — situations that can convert a police encounter into a seizure: identification requests, verbal directives: e.g. “show me your hands” or “step out of the car, please,” accusations of wrongdoing, traffic stops, vehicle passengers, drug dog sniffs, and more.
- In-depth analysis of State v. Arreola-Botello, 365 Or 695 (2019), holding that police questions and conduct during a stop must be limited to the original reason for the stop.
Did the police have a warrant? — find ways to challenge the warrant in your case, including:
- The affidavit failed to establish probable cause.
- The warrant failed the particularity requirement.
- The warrant was overbroad.
- The affiant lied or made mistakes in the affidavit (motions to controvert).
- Warrants for digital data (State v. Mansor, 363 Or 185 (2018)).
- Improper execution of the warrant.
An entire chapter devoted to the suppression analysis for Miranda violations — Miranda issues often arise in search-and-seizure cases and the suppression analysis is nearly identical.
With a new chapter on the rules and requirements for administrative searches, plus the chapters “Digital Data” and “Before and After the Appeal” polished off for 2021, this is the first major revision in seven years. Order the 3-ring binder with mylar tabs between chapters or the searchable, printable, hyperlinked PDF copy, and have the tools of suppression and warrant attacks right at your fingertips.