(DOWNLOAD) "State v. Ashbaugh" by South Carolina Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: State v. Ashbaugh
- Author : South Carolina Supreme Court
- Release Date : January 31, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Defendant was convicted of unlawful possession of a controlled substance. On appeal, she assigns error to the trial courts denial of her motion to suppress evidence obtained after she consented to a search of her purse. She argues that her consent, and therefore the discovery of the evidence, derived from a violation of her right under Article I, section 9, of the Oregon Constitution to be free from unreasonable searches and seizures. The state concedes that police officers detained defendant in violation of her constitutional right when, without reasonable suspicion, they required her to provide identification and then called in a "warrant check." The state argues, however, that the relationship between that unlawful conduct and the discovery of the evidence does not support a suppression remedy. We agree. However, defendant further argues that a subsequent encounter was also an unlawful stop, and that it, too, led to the discovery of the evidence. We conclude that the second encounter may have been unlawful, depending on facts that neither party developed at trial, and that the second encounter did lead to discovery of the evidence. We therefore remand to the trial court for further factfinding.
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