Saturday, January 27, 2018

DUII Case Dismissed - Unlawful Entry


The investigating officer arrived at the Defendant’s house to investigate a possible DUII involving an accident.  The officer believed the driver of the vehicle was inside the house, but did not have a warrant to search the house, nor did he have probable cause to enter. 

At the motion to suppress hearing, the officer testified that the Defendant’s mother voluntarily consented to allow the officer inside the house and enter the Defendant’s closed bedroom.  The Defendant’s mother, who answered the door, also testified at the motion hearing and testified that the officer ordered his way into the house, and no voluntary consent to enter was ever given. 

The Judge ruled in the Defendant’s favor, finding that the investigating officer did not have lawful authority to enter the home and the Defendant’s bedroom.  “The home is provided special protection under the law,” said defense attorney Randall Snow.  To lawfully enter a private home, the police need either a search warrant or the entrance needs to be authorized under an exception to the warrant requirement which the State could not prove.  Snow continued, “motions to suppress evidence are how we challenge the lawfulness of police action, and here the Judge correctly found that the police had exceeded the bounds of the law.  The case was properly dismissed.”

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Randall W. Snow
Harris, Wyatt & Amala, LLC
5778 Commercial St SE
Salem, OR 97306
Phone: (503) 378-7744
Fax:        (503) 378-1013

Monday, September 25, 2017

Not Guilty on Sex Abuse

Criminal Defense Case - Salem Oregon 

A Marion County jury returned a verdict of Not Guilty on a Sex Abuse case recently.  Gig Wyatt, for the defense, felt that the case turned on the credibility of the complaining witness.  Though she testified that she called the police within an hour of the event, call records showed that the call came in the following day.  She also testified that she called from her home, but Wyatt pointed out that the call originated from a law office downtown.  “I think the jury felt she may have had an alternative motive, perhaps that she contacted a lawyer the next day and was setting him up for a lawsuit,” Wyatt said.

These were 2 adults who were not known to each other. 

Gig Wyatt has been in practice in Oregon for over 30 years and specializes in criminal defense.  He is a partner in the law firm of Harris, Wyatt, Amala LLC in Salem.


 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Criminal defense Salem Oregon 

Tuesday, July 25, 2017

Not Guilty in Measure 11 Assault



Criminal defense attorney Gig Wyatt tried a 2 day case in Polk Co recently in
which the defendant was acquitted of the Measure 11 charge of Assault in the 2nd degree.


The complainant testified that defendant struck her repeatedly, reporting the she struck her head and damaged drywall in the home and left her unconscious.  She testified that she was knocked out, broke both her wrists and also broke her ribs. The defense acknowledged that she broke her wrists, but elicited testimony that she struck defendant “as hard as I could.” 

Wyatt also introduced her hospital records which noted “no LOC” (loss of consciousness).  The crime scene photos showed pictures of the drywall, but it was found that the damage was not from her head, but more likely from damage she purposely caused to stage the scene.  “It was important to show her lack of credibility, the changes in her testimony, and the unlikely chain of events which she reported,” according to Wyatt.  “Her own hospital records impeached her.”

Gig Wyatt is a partner in the law firm of Harris, Wyatt, Amala, LLC and has been in practice for over 30 years.

Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Monday, March 20, 2017

DUI Case Dismissed - Unlawful Stop

Daniel was stopped by police because his rear window was broken.  He had temporarily covered  the  window with plastic to keep the rain out. The police alleged this constituted a traffic violation which justified the traffic stop. After field sobriety testing and a breath test well over the legal limit, Daniel was charged with DUII and Driving While suspended.  Through a motion to suppress evidence, the defense challenged the lawfulness of the stop. 

The Judge agreed with the defense that the reason for the stop was unlawful, and suppressed all evidence the state gathered after the stop including the identity of the Defendant, the field sobriety tests and the breath test.  “This case strongly illustrates the value of establishing an unlawful stop,” said defense attorney Randall Snow.  “When an unlawful stop is established, the State rarely has enough evidence to proceed with the case and will typically dismiss as they did here.”

Another case won by Randall Snow, an attorney at Harris, Wyatt & Amala, LLC. His practice focuses on criminal defense and personal injury law.

Gig Wyatt, Randall Snow, Byron Farley
Salem DUI Defense

Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

False Accusation - Domestic Violence Case Dismissed

After being falsely accused of domestic violence assault, Ken was emotionally devastated. Although he knew he was innocent, the alleged victim told the police that Ken had pushed her down to the ground and slammed a door on her back and head. Despite the lack of physical or medical evidence, the State proceeded with the case. As the trial date approached, it was clear to the defense that the alleged victim had not been truthful with police and was becoming worried about committing perjury by repeating her false allegations under oath.

Evidence of her bias and hatred for Ken had been uncovered in cell phone records, emails, Internet postings, and witness interviews. “A jury trial is the great equalizer in our justice system,” said defense attorney Randall Snow, “it becomes very difficult for an untrue story to hold up while being questioned under oath.” Ultimately, all charges were dismissed. “Being falsely accused of a crime is extremely difficult to put behind you,” said Snow, “the stigma and damage to one’s reputation can last a long time.”

Another case won by Randall Snow, an attorney at Harris, Wyatt & Amala, LLC. His practice focuses on criminal defense and personal injury law.

Gig Wyatt, Randall Snow, Byron Farley
Salem DUI Defense

Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Wednesday, January 6, 2016

Loss of Video Recording Triggers Possible Suppression of Evidence

A Marion Co Circuit court ruled that all observations made by an officer, including the driving violations, contact by officer, and subsequent arrest, must be suppressed due to the fact that the officer’s video recording stopped during the arrest.

Gig Wyatt, a Salem, Oregon criminal defense attorney, argued that the observations recorded by the officer would have corroborated his testimony, that the recording offered an unbiased view for the jury, and that the loss of  the recording should result in suppression of the observations made by the officer. 

The State argued that the loss of the evidence was inadvertent, not willful, and that the defense failed to show that there would have been evidence favorable to the defense that was lost. Wyatt argued that the recording would have shown that defendant’s speech and balance were unimpaired. In other words, the recording would have shown evidence favorable to the defense.  


The court agreed with Wyatt, ruling that, though inadvertent, the loss of the recording means that the State cannot produce any evidence of the driving or other observations made by the officer.  This case is still pending before the court, but Wyatt said “ without the evidence of the driving or other observations necessary to arrest  defendant, I believe they cannot go forward.”  We will follow up to determine the outcome of this case. Given the focus on recording by police, both sides are watching this case to determine the outcome.

Gig Wyatt, Randall Snow, Byron Farley
Salem DUI Defense

Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.

Thursday, August 27, 2015

Police Failed to Perform Duties of an Officer

Mr Wyatt’s client was arrested for DUII and Fail to Perform Duties of a Driver, commonly known as Hit and Run.  She had allegedly run into a power pole, left the scene and driven a short distance home.

 Police, given only the description of driver with “long hair,” went to her home.  Her husband answered the door and, while the police observed he was bald, asked him to get his wife to the door.  He tried, but advised them he could not arouse her.

They threatened to arrest him if he did not bring her to the door. He did so, she was questioned,  made incriminating statements, and was arrested.  In court,  Gig Wyatt argued that the police could not use her husband as an agent of the police, threaten him with criminal prosecution and require him to get her. He also pointed out that the police did not possess probable cause. The court agreed.

Her license suspension was overturned and all criminal charges were dismissed.  The defendant was diversion eligible.  Wyatt pointed out “we encouraged her to fight this case, due to the overbearing and illegal conduct on the part of law enforcement.”


Gig Wyatt, Randall Snow, Byron Farley
Salem DUI Defense
Attorneys at Law Harris, Wyatt, and Amala
5778 Commercial St SE Salem Or 97306
503-378-7844

 Information about the " Actual Cases" is provided here only for educational purposes related to real life situations in DUI defense. This information should not be interpreted as having the same results for your case, legal advice, nor substituted for the specific legal advice of an experienced attorney.