State v. Hernandez

When considering whether an affidavit establishes probable cause for a search, reviewing courts look at the “totality of the circumstances presented in the affidavit” and the inferences that an issuing magistrate could reasonably draw from those circumstances. State v. Miser, 303 Or App 347, 352, 463 P3d 599, rev den, 366 Or 827 (2020). The “paramount consideration” of a request for a bench trial is “whether a bench trial will fully protect a defendant’s rights.” State v. Austin, 274 Or App 114, 120, 360 P3d 603 (2015).

Defendant appealed convictions for “fleeing or attempting to elude a police officer,” and various firearms charges.  Defendant assigned error to the trial court’s denial of his motion to suppress evidence found on his phones and denial of “his midtrial request to waive a jury trial.”  On appeal, Defendant argued the affidavit used to get the search warrant for his phones did not establish probable cause.  Defendant argued the trial court failed to apply the “proper legal principles” to his request to waive a jury trial.  In response, the State argued the affidavit established probable cause the phones contained evidence of the firearms charges.  The State further argued the trial court was not required to allow Defendant’s jury trial waiver.  When considering whether an affidavit establishes probable cause for a search, reviewing courts look at the “totality of the circumstances presented in the affidavit” and the inferences that an issuing magistrate could reasonably draw from those circumstances.  State v. Miser, 303 Or App 347, 352, 463 P3d 599, rev den, 366 Or 827 (2020).  The “paramount consideration” of a request for a bench trial is “whether a bench trial will fully protect a defendant’s rights.”  State v. Austin, 274 Or App 114, 120, 360 P3d 603 (2015).  The Court found the affidavit “failed to substantiate a probability” that evidence relevant to the firearms charges would be found on Defendant’s phones.  The Court also found the trial court did not evaluate whether Defendant’s rights would be fully protected by a bench trial.  The Court reversed the firearms charges and remanded for a new trial.  The Court vacated the remaining charges for reconsideration of Defendant’s jury trial waiver.