Oregon medical marijuana’s overpossession search warrant suppressed as too vague on probable cause

The state obtained a search warrant for alleged overpossession of marijuana by a medical marijuana licensee based on an informant saying defendant had “way over” the amount permitted. Because the statement “way over” was so vague, and a licensee has a right to possess medical marijuana, the trial court’s finding that it was too vague is affirmed. While the court on appeal might draw a different conclusion, that is not the standard of review. State v. Castilleja, 215 Ore. App. 235, 168 P.3d 1177 (2007) (en banc) (7-3).*

Defendant’s traffic stop was extended because of his markedly red eyes, and that was reasonable under the circumstances.
State v. Gomez, 144 Idaho 865, 172 P.3d 1140 (2007).*

Traffic stop led officer to see a baggie of marijuana in the ashtray, and that was probable cause. Calling a drug dog was not unreasonable. State v. Brown, 966 So. 2d 727 (La. App. 2d Cir. 2007).*

Defense counsel was not ineffective for not filing a motion to suppress that was, at best, a “toss up” when he successfully negotiated a reduction from three felonies to one misdemeanor. State v. Brown, 2007 Ohio 5002, 2007 Ohio App. LEXIS 4462 (4th Dist. September 21, 2007).*

While no individual factor may have been reasonable suspicion, the collective information developed during the traffic stop indicated that defendant’s vehicle likely contained drugs. Marquez-Guitierrez v. State, 2007 WY 155, 167 P.3d 1232 (2007).*