OR: Def’s removing a vehicle from impound lot subject to SW supported tampering charge even if the initial seizure was invalid

After a stop, defendant’s truck was seized and he was told that a search warrant would be sought for it. In the impound lot at 3 and 5 am, defendant showed up in the impound lot and was seen on surveillance removing the vehicle. Even if the stop was invalid and the search would be suppressed, his tampering with evidence is a new crime attenuated from the original stop. State v. Caoile, 334 Or. App. 590 (Aug. 28, 2024).

Here a parole home visit resulted in the PO seeing drugs in plain view and that justified a further search. United States v. Hill, 2024 U.S. Dist. LEXIS 154110 (N.D. Ohio Aug. 28, 2024).*

Petitioner’s 41(g) motion for return of property essentially amounts to an effort to suppress the evidence, and it’s denied. Martino v. United States, 2024 U.S. App. LEXIS 21800 (3d Cir. Aug. 28, 2024).*

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