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OR: Illegal detention led to invalid consent

By John Wesley Hall, Jr.

Illegal detention led to invalid consent. Defendant showed the necessary minimal connection, and the state could not show that it did not exploit that illegality. State v. Ayles, 2010 Ore. LEXIS 595 (August 12, 2010).* Defense counsel was not ineffective for not challenging the search of defendant because there was probable cause for his arrest. Brown v. State, 2010 Del. LEXIS 405 (August 16, 2010).* Defendant drove past a police officer who knew that there was a warrant for his arrest. He was followed to a convenience store where he was arrested. A police officer shined a flashlight into the car and saw a baggy of crack in plain view, and that justified an automobile exception search of the car. Suppression order reversed. State v. Sarden, 2010 Ga...continue to full post

Full post as published by Fourth Amendment on August 22, 2010 (boomark / email).