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State v. M.W.H.

Summarized by: 

Date Filed: 11-09-2011
Case #: A142382
Haselton, P. J., for the Court; Armstrong, J.; & Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142382.pdf

Juvenile Law: Warrantless searches may be justified if there is reasonable suspicion and exigent circumstances.

Juvenile defendant moved to suppress evidence of a dagger that was found on his person during a search by a school official. Defendant argued that the search was not consensual, and there was neither reasonable suspicion nor exigent circumstances to justify a warrantless search and therefore the evidence should be suppressed. The Court of Appeals analyzed only whether defendant had consented to the search. The Court looked at the trial transcript and found that defendant was not consistent in his statements regarding whether he felt the search was forced or consensual. The Court held that the search was consensual and lawful, and that the evidence was admissible. Affirmed.