OR: Outstanding warrant on passenger alone doesn’t justify frisk of driver

The fact the passenger had an outstanding warrant didn’t show reasonable suspicion for a frisk of the driver for officer safety. State v. Goguen, 308 Ore. App. 706, 2021 Ore. App. LEXIS 75 (Jan. 27, 2021).*

“We agree with the state that, even if the trial court erred in denying suppression of certain statements made by defendant during his police interview, any error was harmless. Because the harmlessness issue is dispositive, we assume without deciding both (1) that defendant’s motion to suppress encompassed statements made in his police interview, a preservation issue that we need not resolve given our disposition, and (2) that the trial court erred in denying suppression.” State v. Thompson, 308 Ore. App. 729, 2021 Ore. App. LEXIS 86 (Jan. 27, 2021).*

“[W]e focus on three facts set out in the affidavit: (1) defendant dropped the phones while attempting to evade police; (2) defendant disclosed, in a recorded telephone call made from jail, that he ‘threw’ his phone and appeared upset that it was lost; and (3) Howden knows from his training and experience that suspects of these types of crimes use digital devices to ‘often communicate with others regarding buying or selling weapons and firearms,’ and to ‘often take photos and videos of them possessing firearms and weapons.’ Taken together, those facts fail to establish probable cause to search defendant’s phones.” “Accordingly, because the affidavit failed to substantiate a probability that evidence of defendant’s suspected crimes would be found on the phones, the trial court erred in denying defendant’s motion to suppress.” State v. Hernandez, 308 Ore. App. 783, 2021 Ore. App. LEXIS 83 (Jan. 27, 2021).*

There was probable cause for search and seizure of defendant’s cell phone for pictures. State v. Cazee, 308 Ore. App. 748, 2021 Ore. App. LEXIS 84 (Jan. 27, 2021).*

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