Summary
holding that the defendant's appeal of special conditions of his probation was moot because his probation had been revoked and was no longer in effect
Summary of this case from State v. BowmanOpinion
1993.
holding that the defendant's appeal of special conditions of his probation was moot because his probation had been revoked and was no longer in effect
Summary of this case from State v. Bowman1993.
holding that the defendant's appeal of special conditions of his probation was moot because his probation had been revoked and was no longer in effect
Summary of this case from State v. Bowmanconcluding that immediately handcuffing the defendant was disproportionate to the threat he posed to officers by being present at the arrest scene with his hand concealed when police knew he had previously been arrested on weapons charges
Summary of this case from State v. Phillipsexplaining that "Article I, section 9, does not have a ‘good faith’ exception"
Summary of this case from State v. Carpenterexplaining that aroma of methamphetamine emanating from the defendant was sufficient to arouse a reasonable suspicion that he was either in possession of the drug or had recently been in a place where it was manufactured
Summary of this case from State v. Dampierstating that, in the criminal context, "when an officer fails to follow the procedure outlined in ORS 131.625, and there is no reason to believe that attempting to do so would be futile, then the use of handcuffs exceeds the restraint permitted by the statute"
Summary of this case from Johnson v. Swaimstating the test in the disjunctive
Summary of this case from Fatehi v. Johnsonanalyzing validity of the defendant's sentence as a condition of probation based on the amount of jail time that the defendant risked serving due to the conditions of probation
Summary of this case from State v. Fosterindicating that there are some circumstances in which officers, for safety purposes, may bypass the statutory procedures set forth in ORS 131.625
Summary of this case from State v. RickardFull title:PETITIONS FOR REVIEW
Court:Oregon Supreme Court
Date published: Jan 1, 1993
(Emphasis supplied.) See also State v. Hessel, 117 Or. App. 113, 122, 844 P.2d 209 (1992), rev. den. 318 Or.…
State v. RickardIndeed, we have implicitly concluded otherwise. See, e.g., State v. Austin, 145 Or. App. 217, 223-26, 929…