2022 Search & Seizure Seminar: From Analog to Digital, Suppress It All
Friday, September 9, 1:00–5:00 p.m.
Saturday, September 10, 8:00 a.m. to 12:00 p.m.
To order the CLE Archive, click here.
Covid 19 Safety Measures:
By determination of the Board, all participants will need to self-certify they have received the full dosage of a vaccine for COVID-19 prior to attending or certify they have a negative COVID-19 test result 48 hours prior to attending. While no longer required, all attendees are encouraged to wear a mask in public indoor settings. OCDLA will have masks available for all participants at the registration desk, and signs will be displayed as a reminder to keep masks on at all times (except when eating or drinking). Hand sanitizer stations are located throughout the hotel property, including at the entrance to meeting rooms. The seminar room will be arranged with socially distanced tables/chairs to the best of our ability.
Who may attend?
This program is open to defense lawyers and those professionals and law students directly involved in the defense function.
What’s included in the fee?
• Seminar admission
• Written material in advance
• CLE credit
• Reception Friday night, Breakfast on Saturday
• Refreshments during breaks
Members contact OCDLA by August 30 about scholarships, payment plans or creative payment arrangements.
Seminar cancellations made before September 6 will receive a refund less a $25 cancellation fee.
Seminar cancellations made after September 6 (once material is emailed) will receive a refund less a $100 cancellation /written material fee.
Written materials are sent in advance to all participants. Audio materials in the form of MP3 recordings well be sent to OCDLA members only; nonmembers who do not attend are ineligible to receive the recordings or a refund.
Pending approval in Oregon for approximately 7.5 credits. For other state accreditation, call OCDLA at 541-686-8716.
Search & Seizure: From Analog to Digital, Suppress It All
September 9-10 2022 | Agate Beach Inn, Newport
Program coordinated by Aaron Jeffers, Liz Wakefield and Shaun McCrea for the Education Committee. Speakers, topics and agenda subject to change.
Friday, September 9Moderator: Susan Elizabeth Reese, Newport
1:00 Setting the Stage: Search & Seizure Basics
Rosalind Manson Lee, Eugene
2:00 “Am I free to go, Officer?”: Stop Law Update
Harry Carson, Metropolitan Public Defenders
We will cover an overview of the rules for “stops” and “traffic stops.” Police may only detain pedestrians, bicyclists , motorists and passengers with reasonable suspicion that a crime has occurred or probable cause that a traffic infraction has occurred, and police may only make an arrest when there is probable cause that the stopped person has committed a crime.
3:15 An Overview of Searches and Seizures in the Digital and Technological Age
Megan Graham, UC Berkeley School of Law, Berkeley CA
This session will provide an overview of the types of searches and seizures that law enforcement is regularly running in the digital and technological age, and what you should know to advocate for your clients. It will cover topics like cellphone and other device searches, cell site simulators, social media and other online account searches, automated licenses plate readers, and more.
4:15 Miranda Challenges
Dr. Fernandes-Tyson & Charlie Peirson, Multnomah Defenders, Inc.
5:15 Adjourn / Reception
Saturday, September 10Moderator: Laura Fine, Veneta
7:00 Hot Breakfast (included)
8:00 Using Suppression Motions/Hearings to Challenge Faulty and Misleading Forensic Evidence
Janis Puracal, Executive Director, Forensic Justice Project, Portland
In this session, attendees will learn how to use motions to suppress and suppression hearings as part of an overall challenge to faulty and misleading forensic evidence. Attendees will also learn how to develop the information learned through suppression hearings for further use in pre-trial motions and at trial. The speaker will discuss finding the right experts, working collaboratively with those experts, and strategies for direct and cross-examination of experts at suppression hearings.
9:15 If at First You Don’t Succeed, Get Another Warrant: Strategies for Challenging Successive Search Warrants
Sara Werboff, Office of Public Defense Services
Can the state just get another warrant when it messes up the first? The answer, of course, is complicated. This presentation will address this state tactic and provide strategies for suppressing the fruits of successive warrant searches.
10:15 When Google Searches for You: Challenging Geofence Warrants
Michael Price, NACDL, 4th Amendment Center Litigation Director
In 2020, Google received over 11,000 geofence requests from law enforcement agencies across the country, a dramatic increase from just 941 requests in 2018. Geofence searches create a virtual perimeter around an area, allowing law enforcement officers to access critical location information of individuals in that area. They are digital dragnets involving the location data of millions, raising deep concerns over Fourth Amendment and privacy protections. This training will cover the mechanics of geofence warrants and present strategies for defense lawyers to challenge their constitutionality
11:15 “ ‘Suppress It All’: Useful Developments in Oregon’s Exclusionary Rule”
Mark J. Kimbrell, Office of Public Defense Services
The presentation will review useful foundational principles, emphasizing ways in which Article I, section 9’s burdens and presumptions can be used to suppress as much evidence as possible. It will then dive into recent caselaw on Article I, section 9’s exclusionary rule, as well as potential arguments grounded in those cases.
12:00 pm Adjourn
Agate Beach Inn, Newport
Lodging reservation deadline is August 18, 2022.
Call 541-265-9411, mention that you are with the Oregon Criminal Defense Lawyers Association.
$114 hillside, 1 king or 2 queen beds
$144 ocean view, 1 king or 2 queen beds
Pet fees: daily pet fee of $30 for up to two pets weighing less than 80 pounds each, on a limited basis.
3019 N Coast Hwy
Newport OR 97365