State v. Friddle

• Court: Oregon Court of Appeals
• Area(s) of Law: Civil Procedure
• Date Filed: 09-16-2016
• Case #: A155347
• Judge(s)/Court Below: Hazleton, S.J. for the Court; Lagesen, P.J.; & Garrett, J.

A warrant may not authorize a search that is broader than the supporting affidavit supplies probable cause to justify. A warrant can be over broad as to sought after items not supported by probable cause.

Defendant appealed an amended judgment of conviction for unlawful possession of more than one ounce of marijuana, ORS 475.864(2). Defendant argued that because the warrant application established probable cause was over broad and invalid. The essence of Defendant’s challenge was an asserted lack of probable cause for the invasion of interests in privacy in premises or items. A warrant may not authorize a search that is broader than the supporting affidavit supplies probable cause to justify. The warrant authorized the seizure and forensic examination of any personal electronic devices but the affidavit supporting the warrant only supplied probable cause as to a home surveillance system and a specific cell phone. Reversed and remanded.

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