DUII FSTs May Be Testimonial
DUII practitioners, remember: certain field sobriety tests (essentially you could argue anything verbal) are in fact testimonial. See State v. Fish (1995).
DUII practitioners, remember: certain field sobriety tests (essentially you could argue anything verbal) are in fact testimonial. See State v. Fish (1995).
Possession of evidence by the police is possession of evidence by the prosecutor. State v. Johnson, 26 Or App 651 (1976), Kyles v. Whitley, 514 US 419, 437 (1995) Statements and witnesses’ memoranda in possession of the police are subject…
This is an issue that comes up frequently for Oregon criminal defense attorneys. You have information that involved police officers have past issues relating to their honesty, misuse of informants, violent activities, etc. Nonetheless, the information is poorly substantiated or…
The Oregon Court of Appeals has again confirmed that Oregon law restricts law enforcement’s use of a traffic stop to discover other crimes. In State v. Klein (Appeals Court No. A136435, filed March 31, 2010), the court suppressed evidence of…
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