{"id":17559,"date":"2015-06-04T08:37:16","date_gmt":"2015-06-04T13:37:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17559"},"modified":"2015-06-04T08:37:28","modified_gmt":"2015-06-04T13:37:28","slug":"or-state-could-not-raise-new-argument-in-coa-after-remand-never-developed-in-trial-court","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=17559","title":{"rendered":"OR: State could not raise new argument in CoA after remand never developed in trial court"},"content":{"rendered":"

On remand from the Supreme Court, the state asserted an argument never made in the trial court, and it\u2019s treated as waived since there was no factual development. The prior decision is adhered to. State v. Heater<\/a>, 271 Or. App. 538, 2015 Ore. App. LEXIS 660 (June 3, 2015). Prior history: State v. Heater, 263 Or. App. 298, 328 P.3d 714, vac’d and rem’d, 356 Or. 574, 342 P.3d 87 (2014).<\/p>\n

Defendant was an off-duty police officer arrested for DUI after backing into a car at a club he was kicked out of. The detention was not unreasonably long because there was a departmental policy to call a supervisor in such situations. Besides, there was reasonable suspicion. Alvarado v. State<\/a>, 2015 Tex. App. LEXIS 5538 (Tex. App. \u2013 Houston (1st Dist.) June 2, 2015).*<\/p>\n

Plaintiff, allegedly wearing provocative clothing, was detained for being in the presence of a pimp in a Las Vegas casino. She said she was there to meet her boyfriend, and her detention was guilt by association. She stated a claim for relief. Goodman v. Las Vegas Metro. Police Dep’t<\/a>, 2015 U.S. App. LEXIS 9165 (9th Cir. June 2, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

On remand from the Supreme Court, the state asserted an argument never made in the trial court, and it\u2019s treated as waived since there was no factual development. The prior decision is adhered to. State v. Heater, 271 Or. App. … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,66,40,35],"tags":[],"class_list":["post-17559","post","type-post","status-publish","format-standard","hentry","category-45","category-burden-of-proof","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17559","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17559"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17559\/revisions"}],"predecessor-version":[{"id":17561,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17559\/revisions\/17561"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17559"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17559"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17559"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}