OR: Ordering defendant out of his house for an FST was a “stop” and detention as a show of authority

Ordering defendant out of his house for a FST was a “stop” and detention under the state constitution because it was a show of authority. State v. Charles, 263 Or. App. ___, 2014 Ore. App. LEXIS 804 (June 18, 2014).

“An administrative seizure, too, must be ‘specifically authorized’ by law. Unlike with inventory searches, police are allowed to use discretion when deciding whether to carry out an administrative seizure.” If a criminal search will follow, the administrative seizure is invalid, and that happened here. State v. Lambert, 263 Or. App. 683, 328 P.3d 824 (2014),* reconsideration granted State v. Lambert, 2014 Ore. App. LEXIS 1322 (October 1, 2014)* and posted here.

The particularity question was not preserved for appellate review where the suppression motion dealt almost entirely with whether the warrant should have issued under Franks v. Delaware. Rawls v. Commonwealth, 2014 Ky. LEXIS 241 (June 19, 2014).