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State v. Kurokawa-Lasciak

Summarized by: 

Date Filed: 04-25-2012
Case #: A140430
Schuman, J. for the Court; Ortega, P.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A140430.pdf

Criminal Procedure: Authority to consent to a search is proper only if the consenter has proper authority to control and access the property to be searched.

This case is remanded from the Oregon Supreme Court. A police officer stopped Defendant outside of a casino after a casino employee reported Defendant for stealing casino property. After asking for consent to search Defendant's rental van, consent was refused. Upon arresting Defendant for disorderly conduct, Defendant gave the keys to his girlfriend, Campbell, and instructed her to keep it locked. An officer persuaded Campbell to allow a search of the vehicle, where various controlled substances were found. The Oregon Supreme Court reversed the holding of the Court of Appeals that the automobile exception rule did not apply because the van wasn't mobile when first encountered in connection with a crime. The case was remanded to address the issue of whether Campbell's authorization of the warrantless search was valid. The Court of Appeals held that Campbell did not have authority to consent to the search, making the evidence seized unlawfully obtained. Affirmed.