SEARCH & SEIZURE: Sufficient evidence for search warrant for drugs without challenged phone recordings that preceded wired buys, not necessary to address request to extend Goetz to phone recordings… McNeil affirmed. [Read more…]
DUI, sufficiency of evidence, “under influence”
DUI: Sufficient evidence of “under the influence”… Phillips affirmed (IOR I-3(d)(v)). [Read more…]
Mental commitment
MENTAL COMMITMENT properly ordered… J. Brown affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, curfew condition, adult drug dealer
SENTENCING: Discretionary curfew proper for adult drug dealer… Watters affirmed (IOR I-3(d)(v)). [Read more…]
DUI, slow driving/drifting
DUI: Totality of evidence, not just video, supports particularized suspicion for stop based on slow driving, drifting… McKeon affirmed (IOR I-3(d)(v)). [Read more…]
Sentencing, ASA v. PFO, prescription drugs
SENTENCING: The more specific ASA gives discretion to sentence PFO to treatment if prison not appropriate… prison for prescription drug Defendant appropriate in this case… Larson affirmed. [Read more…]
Drugs, warrantless electronic surveillance
DRUGS: Sufficient evidence of marijuana sale based on potential CI testimony apart from warrantless electronic surveillance… H. Brown affirmed. [Read more…]
Failure-to-remain statute constitutionality
FAILURE-TO-REMAIN statute not unconstitutionally vague facially or as applied… supervisory control granted, Watters reversed… opinion & order. [Read more…]
Traffic stop, citizen informant, DUI/drugs
TRAFFIC STOP justified based on citizen informant’s information, officer’s corroboration… suppression properly denied, DUI/drug convictions affirmed… Baugh affirmed. [Read more…]
DUI, motorist’s continuing reports to dispatch
DUI: Particularized suspicion based on motorist’s continuing reports to dispatcher… Sherlock affirmed.
Tyler Tobel and Shari Kelly were traveling west on Hwy 12 near the Silos Bar at 9 p.m. when a pickup pulled in front of them. They saw it repeatedly [Read more…]
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