OR: The affidavit for warrant described def as “high volume” heroin dealer; in PC determination, whose idea was it to deal at house was important: CI or def? That’s important

A probable isolated heroin sale at a house doesn’t show probable cause to believe that defendant was a “high volume” heroin dealer as alleged in the affidavit. The reference to the prior delivery doesn’t allege whether the choice of location was the defendant’s or the CI’s, and that’s critical to whether defendant was a dealer or not. Reversed. State v. Van Osdol, 290 Ore. App. 902, 2018 Ore. App. LEXIS 350 (Mar. 24, 2018)

Officers seized a knife off defendant during a stop. Nothing in the facts or case law suggests that taking the knife for the time being led him to admit to possession of drugs. State v. Rhyne, 290 Ore. App. 827, 2018 Ore. App. LEXIS 343 (Mar. 24, 2018).*

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