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Case Citations [i] (Fall 2025)

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                           THE AMERICAN


                           LAW INSTITUTE



                                    Fall 2025 Citations



         PRINCIPLES OF THE LAW, POLICING



 CHAPTER   8: GENERAL PRINCIPLES FOR COLLECTING AND PRESERVING RELIABLE
                    EVIDENCE FOR THE ADJUDICATIVE PROCESS

8.02. Documenting Evidence

Or.App.2024. Quot. in sup. (quoting § 8.02 of T.D. No. 3, 2021, which is now § 8.02 of the Official
Text). Defendant who was charged with sexual abuse of minors and related crimes moved to suppress
evidence obtained pursuant to warrants issued in 2015 and 2021, arguing that the 2015 warrant was
overbroad and did not establish probable cause for the state to seize various electronic devices from his
home, and that the 2021 warrant authorizing another search of the devices, which were still in the state's
possession, was therefore also invalid. The trial court granted defendant's motions to suppress evidence
obtained pursuant to both warrants. This court reversed and remanded, holding, among other things, that
photographs of the interior of defendant's residence taken by police during the search of defendant's
residence were lawfully authorized by the first warrant. The court noted that, according to the Principles
of the Law of Policing § 8.02, police documenting a lawfully authorized search contemporaneously with
photographs was consistent with best practices, given that the human memory was fallible. State v.
James, 560 P.3d 747, 756-757.
















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