Justia Constitutional Law Opinion Summaries

Articles Posted in Oregon Supreme Court
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Defendant Bobby Guggenmos appealed the Court of Appealsâ decision that affirmed his conviction for possession of a controlled substance. Defendant argued that the trial court erred in denying his motion to suppress drug-related evidence seized by the police from his bedroom. Officers, without a warrant, searched Defendantâs bedroom in a house they believed to be involved in drug trafficking. An informant had stated that persons in the house hid known criminals there. The state charged Defendant with possession based on the evidence found after the officersâ search of the house. Defendant claimed that the officerâs âprotective sweepâ of his home violated his Fourth Amendment rights. After an exhaustive review of the record, the Supreme Court reversed the appellate courtâs decision, finding that the officers did not have probable cause to search Defendantâs home. The Court remanded the case to the circuit court for further proceedings.