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Admiral_Needa

Joined: 23 Sep 2004
Posts: 10479
Location: Tiburon, CA

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Posted: 03/16/05 3:53 pm ::: High Court Deems Stoudamire Search Illegal

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SALEM, Ore. (AP) — A police search that turned up marijuana in Portland Trail Blazer guard Damon Stoudamire's Lake Oswego house three years ago was illegal, a split Oregon Court of Appeals ruled Wednesday.

Stoudamire was charged with felony possession of more than 150 grams of marijuana after Lake Oswego police on Feb. 23, 2002, responded to reports of a burglar alarm at Stoudamire's house.

The front door of the house was ajar when police arrived, and neighbors said they saw an unfamiliar car leave the house about 50 minutes before the alarm went off.

Stoudamire several hours earlier had gone to the Rose Garden to play in a game. Officers searched the house for intruders and said they found about a pound of marijuana in an attic storage area.

Stephen Houze, Stoudamire's lawyer, argued that police lacked authority to search the house without a warrant.

He claimed the alarm gave little cause to think a crime had been committed because 99 percent of burglar alarm reports in Lake Oswego around that time period had turned out to be false.

"The police examined the exterior of his home — it clearly indicated there was no burglary, no break-in and no burglary in process," Houze said Wednesday in response to the court decision.

"They should have pulled the door shut and walked away," he said. "Instead they chose to search his home."

Judge Rex Armstrong said even assuming there was probable cause to believe officers would find a burglar or evidence of a burglary, the circumstances did not "justify the decision by the police to enter defendant's home to conduct a search without first obtaining defendant's consent or a warrant.

"The police knew that defendant was in Portland playing in a professional basketball game. He could have been reached by telephone to ask for his consent to enter his home," Armstrong said.

http://www.oregonlive.com/newsflash/regional/index.ssf?/base/news-9/1110995157194570.xml&storylist=orlocal

...And you can even see that crawlspace on MTV's Cribs Razz

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rebkell
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Joined: 17 Aug 2004
Posts: 4898
Location: East Tennessee

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Posted: 03/16/05 6:03 pm :::	Reply

Officers searched the house for intruders and said they found about a pound of marijuana in an attic storage area Help me with the math, 150 grams is about a pound?

Admiral_Needa

Joined: 23 Sep 2004
Posts: 10479
Location: Tiburon, CA

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Posted: 03/16/05 6:13 pm :::

rebkell wrote:

Officers searched the house for intruders and said they found about a pound of marijuana in an attic storage area

Help me with the math, 150 grams is about a pound?

I guess that's PR working in the other direction Razz

Yes, 150 grams is about 1/3 of a pound.

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