Wednesday, August 13, 2014

Felony Charges Dismissed with Motion to Suppress Evidence


Court Finds Jail Inventory Policy
Not Up to Constitutional Standards

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Defendant was taken into custody on drug charges after being stopped from a citizen report.   At the jail, his property was inventoried.  Additional contraband and evidence of ID Theft and other fraudulent activity was found.  

The State obtained a search warrant of his home and additional drugs were found.

“Always get a jail inventory policy.” Gig Wyatt, DUI defense attorney, pointed out.  

A motion to suppress evidence was filed and a suppression hearing was held. The court found that the jail inventory policy was not up to constitutional standards and suppressed all evidence discovered at the jail.  
The search of the home was also suppressed as the court found that the search warrant was based on the tainted evidence found in the jail inventory search.  During the suppression hearing, the D.A. then offered to dismiss those charges in exchange for a guilty plea on the remaining drug charge, which was based upon the drugs found in the car. The defense rejected that offer and the suppression hearing continued. The court found that the search of the vehicle was unlawful as well, resulting in dismissal of all 9 felony counts.


Gig Wyatt, Randall Snow, 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, June 23, 2014

Not Guilty on a .21% Felony DUII


A jury returned a verdict of Not Guilty on a felony DUII  in Marion Co. circuit court on June 18, 2014. 

Witnesses testified that defendant was intoxicated when he entered a bar and was asked to leave. Police were contacted and arrested defendant as he was in front of the bar. He was also charged with Resisting Arrest as the police testified he struggled while being arrested.

A witness testified that he saw the defendant’s vehicle drive by the bar and later saw the defendant outside his vehicle in the parking lot of the bar. The police took pictures of the defendant’s vehicle in the parking lot, parked crooked and extending several feet out further than the other vehicles. 

Defendant’s attorney, Gig Wyatt, pointed out that police had not confirmed the time between the sighting of his vehicle driving by and the time he was seen in the parking lot.

“Their investigation left out the most important component of the case, that is, when did defendant drive and was he intoxicated when he drove,” Wyatt noted to the jury. The jury returned a verdict of Not Guilty on the Felony DUII and Resisting Arrest.


Gig Wyatt, Randall Snow 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.