State v. Durando

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 04-16-2014
  • Case #: A150008 (Control) A050007
  • Judge(s)/Court Below: Hadlock, J. for the Court; Ortega, P.J.; and Sercombe, J.
  • Full Text Opinion

If conviction would have occurred despite the evidence in question being suppressed then it is considered a harmless error; however, unlawfully obtained evidence that is the sole evidence leading to a conviction will be suppressed.

Defendant appealed his conviction of failure to carry or present a license and of unlawful possession of less than one ounce of marijuana. Defendant was pulled over at a traffic stop and submitted an expired, temporary Washington state driver's license. Defendant was then arrested and the insides of his pockets were searched producing an expired hard-copy of a Washington driver's license along with a small bag of marijuana. Defendant and the State agree that the search was unlawful under Article 1, section 9 of the Oregon Constitution and that the trial court should have suppressed the evidence regarding the marijuana possession. However, the state contends, and the Court agrees, that the issue of suppression of the expired license is a harmless error and that the conviction of failure to carry or present a license should not be reversed. Defendant also alleged the trial court erred in excluding a printout from the Washington State Department of Licensing that may suggest the validity of his license. The court excluded this exhibit because it was not adequately authenticated according to OEC 901 making it an object of hearsay which this Court upholds. Marijuana possession conviction is reversed; remaining convictions are affirmed.

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