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· 4/28/2010

State v. MEDINGER

Citations

  • 230 P.3d 76
  • 235 Or. App. 88
  • 2010 Ore. App. LEXIS 450

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • accepting argument that, “because the federal [legal] stan- dard is less stringent” than Oregon law, determination that arrest was not supported by probable cause under Oregon law obviated need to reach federal question
  • the defendant’s refusal to answer the officer’s questions was not “strange” or “furtive”; rather, it was the exercise of a constitutionally protected right, and therefore did not affect the probable cause analysis
  • state failed to carry its burden of proving that evidence would have been inevitably discovered where it failed to prove that a properly authorized inventory policy existed and required an inspection that would have led to discovery of the challenged evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollheim, Brewer, Sercombe

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.