{"id":7719,"date":"2012-12-03T08:10:19","date_gmt":"2012-09-17T05:18:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-17T05:18:31","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7719","title":{"rendered":"OR: That defendant was a likely meth user was not PC he was in possession at the time he was stopped"},"content":{"rendered":"<p>Defendant\u2019s nervousness and signs of bruxism (grinding of teeth) that he was a methamphetamine user was not justification for a search of the car for evidence he was in possession at that time. <a href=\"http:\/\/courts.oregon.gov\/Publications\/A143404.pdf\">State v. Farrar<\/a>, 2012 Ore. App. LEXIS 1126 (September 12, 2012).*<\/p>\n<p>The fact that defendant&#8217;s roommate had displayed suicidal behavior before being handcuffed outside did not justify an emergency aid entry into the apartment under the Oregon Constitution because the officer had no specific information that the roommate had hurt someone or that defendant was injured or in some kind of danger. The illegal entry into defendant&#8217;s apartment by reaching in and knocking on his bedroom door was causally connected to defendant&#8217;s consent to search because the officer was able to contact defendant and seek consent only by effecting the warrantless entry. <a href=\"http:\/\/courts.oregon.gov\/Publications\/A145826.pdf\">State v. Lorenzo<\/a>, 252 Ore. App. 256, 287 P.3d 1124 (2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7719\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7719","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7719","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7719"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7719\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7719"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7719"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7719"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}