Search and Seizure Manual (2021)

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Make room on your bookshelf!

The 2021 edition of OCDLA’s Search and Seizure Manual, edited by David Sherbo-Huggins, Office of Public Defense Services—Appellate Division, has been significantly revised, and offers new chapters and the latest case analysis, making it Oregon’s most up-to-date and user-friendly search and seizure resource available.

Following an all-new essay on the origins of Oregon’s Article I, section 9, the manual addresses, chapter by chapter, the questions that must be resolved when properly analyzing any search and seizure case.

Was there state action? — cases in which non–law enforcement or private citizens are found to be working on the behest of the state.

What qualifies as a search? — cases organized by the manner of invasion: physical entries, sensorial inspections (visual, tactile, olfactory, auditory), uses of technology, as well as issues dealing with information held by third parties.

What qualifies as a seizure? — situations that can convert a police encounter into a seizure: identification requests, verbal directives: e.g. “show me your hands” or “step out of the car, please,” accusations of wrongdoing, traffic stops, vehicle passengers, drug dog sniffs, and more.

In-depth analysis of State v. Arreola-Botello, 365 Or 695 (2019), holding that police questions and conduct during a stop must be limited to the original reason for the stop.

Was the search or seizure warrantless? — each and every exception to the warrant requirement is discussed in great depth, with numerous examples and cutting-edge legal arguments drawn from cases currently or likely to be pending in the Oregon Supreme Court.

Did the police have a warrant? — find ways to challenge the warrant in your case, including:

The affidavit failed to establish probable cause.
The warrant failed the particularity requirement.
The warrant was overbroad.
The affiant lied or made mistakes in the affidavit (motions to controvert).
Warrants for digital data (State v. Mansor, 363 Or 185 (2018)).
Improper execution of the warrant.

Is defendant entitled to suppression? — here, the authors discuss the fruit of the poisonous tree doctrine, as well as the exceptions: attenuation, inevitable discovery, and independent source.

An entire chapter devoted to the suppression analysis for Miranda violations — Miranda issues often arise in search-and-seizure cases and the suppression analysis is nearly identical.

With a new chapter on the rules and requirements for administrative searches, plus the chapters “Digital Data” and “Before and After the Appeal” polished off for 2021, this is the first major revision in seven years. Order the 3-ring binder with mylar tabs between chapters or the searchable, printable, hyperlinked PDF copy, and have the tools of suppression and warrant attacks right at your fingertips.