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OR: General motion to suppress properly denied

By John Wesley Hall, Jr.

Defendant’s general motion to suppress citing only the Fourth Amendment and the state constitution with an assertion it appeared there was no probable was not sufficient to put the state and court on notice as to the issue to be heard in this case, and the memorandum of law filed the day of the hearing in response to the motion to strike to deny as untimely did not add anything of substance to the motion. Otherwise, there was no clear error. State v. Roth, 2010 Ore. App. LEXIS 622 (June 9, 2010): On October 16, 2007, defendant filed a motion to suppress “all evidence that resulted from the search of the defendant's purse.” In the “points and authorities” section of the motion, defendant relied on the “Oregon Constitution, Article I, Section 9 and all relevant caselaw pertaining thereto...continue to full post

Full post as published by Fourth Amendment on June 14, 2010 (boomark / email).