OR: Entry onto curtilage to closely examine car for evidence of hit-and-run exceed implied consent of entry

After a hit-and-run accident, police took a bumper part left at the scene. They ultimately located the probable car at defendant’s house. The police, as any other visitor, had implied authority to enter the curtilage but not to look at the car. Implied consent to enter does not include examination of things on the curtilage. Photographs taken in the driveway are suppressed because the police visit converted into a trespass. State v. Goldberg, 309 Ore. App. 660, 2021 Ore. App. LEXIS 319 (Mar. 10, 2021).

Defense counsel wasn’t ineffective for not demanding production of the CI’s identity because there was no showing the CI was a material witness to any issue at trial. Harris v. Jones, 2021 U.S. Dist. LEXIS 45941 (S.D. Fla. Mar. 10, 2021).*

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