OR: Police encouraging housekeeper to seize child’s underwear was state action

Defendant’s housekeeper called child protective services to report that defendant’s minor daughter had discharge in her underwear consistent with sexual intercourse and that defendant was the suspected abuser. They had her seize the underwear and turn it over to the police who were actually now delaying a welfare check on the daughter to see what the underwear turned up. The seizure was thus state action because the state was encouraging it. State v. Sines, 263 Or. App. __, 2014 Ore. App. LEXIS 752 (June 4, 2014).

Defendant waived any search and seizure claim by pleading guilty, and he didn’t state grounds to set it aside. Campbell v. State, 2014 Fla. App. LEXIS 8626 (Fla. 2d DCA June 6, 2014).*

The officer received a dispatch of an African-American male just leaving a particular place that was a crime scene. Defendant didn’t match the height and weight of the suspect, but the officer said he didn’t even have that detail which, he added, are often inaccurate anyway. All he had was just one person of the same race at the time and place indicated in the call. The court finds that reasonable suspicion on the totality. State v. Greer, 2014-Ohio-2370, 2014 Ohio App. LEXIS 2311 (9th Dist. June 4, 2014).*