Retaining defendant’s ID for 30 minutes before even thinking about questioning his identity was a seizure without reasonable suspicion. State v. Orman, 322 Or. App. 707, 2022 Ore. App. LEXIS 1479 (Nov. 16, 2022).
Defendant was not seized when he approached an officer engaged in something else asking about help retrieving stolen property, including his concealed carry permit. The officer asked if he had his gun on him and he did. The officer asked for it until he could get back to him, and defendant consented. Defendant was not detained by the officer. State v. Johnson, 322 Or. App. 635, 2022 Ore. App. LEXIS 1483 (Nov. 16, 2022).*
Defendant’s Franks challenge is contradictory to the court, and[, without unraveling it too much,] it’s not material. United States v. Woodford, 2022 U.S. Dist. LEXIS 207088 (E.D. Mich. Nov. 15, 2022).*
There was probable cause for defendant’s arrest, so the search of his person was valid. There was also probable cause for search of his car. Inevitable discovery also applies. United States v. Palad (In re Morgan), 022 U.S. Dist. LEXIS 207530 (C.D. Cal. Nov. 15, 2022).*