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

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