Defendant was accused of rape, and the victim told others she had searched Google for information about rape under Oregon law shortly afterward. Defendant sought production of her Google search history to attempt to attack her credibility. The state could not be compelled to conduct the search for him under ECPA, and the motion to dismiss for prosecutorial misconduct was properly denied. Defendant’s subpoena duces tecum for her computer files for a limited period related to this case, however, should have been granted. The computer had already been subjected to forensic analysis, and the scope of the request was narrow. If he had sought the entire hard drive, it would have been denied as unreasonable and oppressive, but this wasn’t. State v. Bray, 281 Ore. App. 584 (Oct. 12, 2016) (pending 22 months).
Defense counsel wasn’t ineffective for not challenging defendant’s stop. He was driving with his headlights and then the occupants bailed from the car when it was stopped and there was a hot pursuit into a building. Herron v. State, 2016 Iowa App. LEXIS 1041 (Oct. 12, 2016).*